Citizenship Eligibility Question

S

sshah1001

Registered Users (C)
Hi freinds,

I got my Greencard in Aug 2004. Then, in Jul'2005, I went to India for about 10 months.

Please note that, I had taken a Re-entry permit with me when I left which I did not need to use when I entered back in 2006. Also, I filed my US tax return from India and paid online bills from there. I had changed my address to my friend's address before I left for India.

I contacted one lawyer. He says that "The law required you to be present for a total of 2 years out of 5 years of greencard. You meet this criteria. Further, you must not be out of the US for a period of more than one year which you were not. Absence for more than six months but less than one year can be rebutted (if you did not have the re-entry permit, this would apply)."

I just want to make sure he is saying this correct. Hence, posted in this forum.

Now that I am going to complete 5 years from my greencard date, I want to make sure whether I am eligible to apply for it or not. I do not want any rejections. Also, if application is rejected, the fees are refunded?

Please help me with this.

Thanks in Advance.
 
Your case might be weak, unfortunately. Since you have changed your address to your friend's place you won't have any proof that you paid a rent or mortgage (in your name) during the time you were absent. You probably also won't be able to prove that you had family here during the time you were absent.

If you are denied the application fees are not refunded.
 
sshah1001 said:
Hi freinds,

I got my Greencard in Aug 2004. Then, in Jul'2005, I went to India for about 10 months.

Please note that, I had taken a Re-entry permit with me when I left which I did not need to use when I entered back in 2006. Also, I filed my US tax return from India and paid online bills from there. I had changed my address to my friend's address before I left for India.

I contacted one lawyer. He says that "The law required you to be present for a total of 2 years out of 5 years of greencard. You meet this criteria. Further, you must not be out of the US for a period of more than one year which you were not. Absence for more than six months but less than one year can be rebutted (if you did not have the re-entry permit, this would apply)."

I just want to make sure he is saying this correct. Hence, posted in this forum.

Now that I am going to complete 5 years from my greencard date, I want to make sure whether I am eligible to apply for it or not. I do not want any rejections. Also, if application is rejected, the fees are refunded?

Please help me with this.

Thanks in Advance.
Click to expand...

It's 2 1/2 years of required physical presence, not 2.
Changing your address to your friend's and then going on a long 10 month trip will be seen as a sign you have broken US residency ties so you'll most likely be denied if you try to apply. No refund will be given for denials.
 
Application fees will not be refunded.

You have a pretty weak case. You are welcome to try your luck if you do not mind losing $700. If I were you I would wait.
 
No harm in trying. My situation was worse than yours but still went through the process. I got denied, filed an appeal, earlier denial was reversed and approved, oath ceremony scheduled for June 4th. I had several back to back trips for almost 1.5 years but none of them were more than 180 days. I did not maintain any home or apt here.

One thing I strongly advice is to disclose everything in your N400. I was shocked to see that they had 2 huge folders of my entire history for the past 17 years since I came in. Try to explain why you were out and it was only a "temporary" move. Some IO's are very nice unlike mine who was very anal and didn't waste any time denying my citizenship.

Your re-entry permit is no good when it comes to citizenship. It only protects your GC.
 
vettipuls said:
No harm in trying. My situation was worse than yours but still went through the process.
Click to expand...
I wouldn't say that your situation was worse. All your trips were under 6 months, so there was no presumption of breaking residence. The burden of proof was on the IO to show a break in residence using other evidence.

Whereas with the OP, there is a trip of more than 6 months which would create a presumption of a break in residence. The burden is on the OP to overcome that presumption with other evidence.
 
You must log in or register to reply here.
Top