Citizenship Eligibility with Re-Entry Permit - Help Needed

R

rhegde

Registered Users (C)
To all people with experiences with INS,

I want to know how soon i can apply for Citizenship based on my background info:

I got my GC in Sept 1996. I stayed in US for a month and a half and went back to my native country in Oct 1996 on a Re-entry permit of 2 years. I re-entered US in Sept 1998 for a brief period of 3 weeks just to keep my GC alive. I again applied for Re-entry permit just before i left US in Oct 1998. After 2 yrs outside again, i came back to work here in US in Oct 2000. Eversince then i have lived here continuously. SO basically it is like :
Sept 17 1996 - Got GC
Oct 13 1996 - Left US on Re-Entry Permit of 2 years
Oct 10 1998 - Re-Entered US
Nov 1 1998 - Left US on another Re-Entry Permit of 2 years
Oct 29 2000 - Re-entered US and stayed here permanently

I had been outside of US for almost 4 yrs after i got my GC since i was in College back in my native country ,persuing a BS which i didn't want to abandon. Now i am desperately seeking citizenship as my would be wife can't come here due to the fact that iam just an LPR. It takes 4-5 yrs for her to join me . Thats why i wanted to know how early i can apply for Citizenship.

Based on what was said on INS site and on this forum, since i had a re-entry permit, i should be eligible for Citizenship 4 years and 1 day starting from Oct 2000. I wanted to confirm this fact , and also wanted to know if i could have any problems during my citizenship application since i was outside US initially for a long period. I can prove my reasons for being Outside (My BS degree that i acquired during that period). Also , i have paid my taxes on time regularly since 2000.
Could any one knowledgeable about INS rules please tell me if my case is complicated enough to warrant a lawyer when i go for citizenship application? Besides do you see any problems if any?

I have been getting conflicting views from people- Some say that i can apply only in Oct 2005( after 5 yrs), and some say that i should have filed my taxes during 1996 -1999 (when i was outside of US). Right now, i can't think of waiting until 2005 and beyond to get my Citizenship. I don't want my fiancee to wait that long to join me here. The sad thing is , there is nothing in INS law that allows the wife of a GC Holder to come and stay with you. Getting an non-immigrant visa is the only option, but getting that is not being easy either.

I would greatly appreciate responses and views from people on this forum.

Thanks.
 
JoeF,
In my case, i have been living continoulsy in US since Oct 29 2000. I have been outside after that just for a 1.5 months.
Now suppose i live here in US until say Oct 2004 without staying outside US for more than 6 months, will i be eligible to apply in Nov 2004 ? ( That would be 4 yrs + 1 day counting from Oct 2000).
The Guide says that i need to have 30 months of physical presence in US. Now i have already 25 months, so if i stay another 5 months that would be 3o mnths Physical presence. Again since i got my GC back in 1996 and i since i have not abandoned My GC since then - I think i would have fulfilled the condition for 5 years of Permanent Residency too right?

Regarding Taxes, i think for the year 1997 my uncle filed for me on my behalf here in US. for 1997, 1998 and 1999, i didn't file as i never worked .

All said , JoeF all i want to know is regarding the lenght of stay- If i continue to reside in US until Nov 2004, can i apply for citizenship in Nov 2004? Or do i have to wait until Nov 2005?
Please clarify.

Thanks
 
Joef,
I appreciate you taking time to respond to my query and also pointing to the relevant sections in the INS law. It gives me enough background to research further.

Thanks.
 
rHegde
Can you tell me if getting a second re entry permit was easy.How long did it take you to get one and when does the validity start? Does it start from date of application or from date of approval?
Your response will be greatly appreciated.
 
Joef,

Please answer one last question for me.

If you were abroad for over 1 year, the 355 days before return are counted towards the 5 year continuous residency requirement. Therefore, in such a case, you can apply for citizenship 4 years and 1 day after returning.

is it true that people who stayed outside for more than a year are better off than people who were out between 6- 12 months.

For those who stayed out for more than a year just have to wait 4 year and 1 day. i.e. they do not need 5 years but what about those who came before a year.

I guess they are in dilemma….

Joef, please advise
 
I guess you are right. It does not make sense, but it is my understanding. I remember guide said that 5-year starts again when you break it up. But if you have re-entry, maybe you could argue that. Since it has already been done, all you could do is to pray you get a good officer handling your case. All of our opinion does not count. Only officer's counts. Just pray. wish you luck.
 
Thanks Joef,

You are right convincing the INS examiner is the hardest part.

Because there is no fixed rule stated you can't even argue much and you are on the mercy of the officer.
 
VC123,
1. In my case , getting a second re-entry was not a problem. The reason i have on the application was that i need to complete my education (undergrad) back in India , which was true.
2.It takes 3-4 months to get the permit. You don't have to be in US while the application is getting processed. But you must physically present in US while filing the application. After that you can leave US . I did the same thing- filed here in US and left after about 2-3 weeks.
3. I think the permit mentions the date of issue as well as the date of expiry. As for the effective date- my understanding was the date of issue . Regardless of this, you need to make sure that u enter US before the date of expiry mentioned on the permit.


Thanks.
 
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