Citizenship Question - Physical presence help

A

allanh

Registered Users (C)
I been searching for Citizenship requirement to no avil. I am still confused. Please help and guide me . I understand that you need to be present in the US for 2.5 years while waiting for 4 years and 1 month in order to be eligible for citizenship. I understand that one cannot be outside the country more than 180 days or the time will be reset. since my job would require me to travel in an extensive amt of time within the few few years, I need your advise and help me figure out the proper way to split up the time while still qualify to be a citizen.



Scenario 1:
every year , live in the US for 6 months and 1 day, outside the US for 6 months minus 1 day for 5 years
total present in the US after 5 years = 2.5 years

Scenario 2:
live in the US for 12 months, live outside the US for 12 months while coming back within 6 months for short 2 week trips just to keep the GC valid. (re-entry permit will be applied )
this continues for 5 years
total present in the US in 5 years = 2.5 years

Scenario 3:
Live in the US for 2.5 years, live outside the US 2.5 while coming back for a short two weeks trips every 6 months. (re-entry permit will be applied )
total present in the US in 5 years = 2.5 years.

Will I be able to be a citizen using any of the above method?
 
A back and forth travel pattern to beat the continuous residency requirement along with working outside the US without an approved N-470 is a sure bet to a denial.
 
allanh said:
I been searching for Citizenship requirement to no avil. I am still confused. Please help and guide me . I understand that you need to be present in the US for 2.5 years while waiting for 4 years and 1 month in order to be eligible for citizenship. I understand that one cannot be outside the country more than 180 days or the time will be reset. since my job would require me to travel in an extensive amt of time within the few few years, I need your advise and help me figure out the proper way to split up the time while still qualify to be a citizen.



Scenario 1:
every year , live in the US for 6 months and 1 day, outside the US for 6 months minus 1 day for 5 years
total present in the US after 5 years = 2.5 years

Scenario 2:
live in the US for 12 months, live outside the US for 12 months while coming back within 6 months for short 2 week trips just to keep the GC valid. (re-entry permit will be applied )
this continues for 5 years
total present in the US in 5 years = 2.5 years

Scenario 3:
Live in the US for 2.5 years, live outside the US 2.5 while coming back for a short two weeks trips every 6 months. (re-entry permit will be applied )
total present in the US in 5 years = 2.5 years.

Will I be able to be a citizen using any of the above method?
Click to expand...

Well, it is too risky. You might not want that chance to take all scenarios. Is your company US based company? try to apply for N-470 but don't leave until N-470 is approved.
 
allanh said:
I been searching for Citizenship requirement to no avil. I am still confused. Please help and guide me . I understand that you need to be present in the US for 2.5 years while waiting for 4 years and 1 month in order to be eligible for citizenship.
Click to expand...
It's not 4 years and 1 month. You need 5 years of being a permanent resident (3 years if married to a US citizen) to be eligible for citizenship, but they accept applications as early as 90 days before your 5-year date.

Scenario 1:
every year , live in the US for 6 months and 1 day, outside the US for 6 months minus 1 day for 5 years
total present in the US after 5 years = 2.5 years

Scenario 2:
live in the US for 12 months, live outside the US for 12 months while coming back within 6 months for short 2 week trips just to keep the GC valid. (re-entry permit will be applied )
this continues for 5 years
total present in the US in 5 years = 2.5 years

Scenario 3:
Live in the US for 2.5 years, live outside the US 2.5 while coming back for a short two weeks trips every 6 months. (re-entry permit will be applied )
total present in the US in 5 years = 2.5 years.
Click to expand...
The above options all will meet the physical presence requirement, but options 2 and 3 have a high chance of denial for breaking continuous residence, with scenario 3 in particular being certain denial if you don't have an approved N-470. Scenario 1 is best because you would be consistently spending more time inside the US every year than outside.
 
All three options you have given seem doable - and legally you'll be fine. Most important things to note are these:

1. Do not stay over 6 months outside.
2. Do your best to maintain residency here. Meaning - keep your life in the US going. That could be credit cards, mobile phone, a company you've started maybe, a house maybe... anything that you can later show to claim residency.
3. Try not to keep a pattern. All three options you said seem to have a pattern. As a thumb-rule if you have the luxury of deciding how you spend your time, then try to spend more time inside the US towards the end of the period. Spend some time outside , spend some inside, mix it up, spend more time inside towards the end.
4. At the end of 4 years and 9 months, if you have not spent more than 900 days outside the US - and no trip more than 6 months at a time - you can apply.

That's the technical part of it. The rest would depend on the case officer. Like the others say there is a risk of rejection involved... But I know a friend who did exactly the same thing - barely managed 900 days at the time of application, and ended up getting citizenship. A lot of it depends on the officer buying your story as to why you had to spend so much time outside.

Now I'm in a similar soup myself - need to figure out a way out!
 
I like to say thank you very much to everyone of you.

However, I have no knowledge of N-470.

Do I need both re-entry permit and N-470?

I will be self employed and my wife will be working for Citibank in another country. Do we both need N-470 along with a re-entry permit?? Do we both qualify for both permit?

Also, do you suggest us to hire an attorney to file those permits? Do we need to wait for approval before travel??



Thank you again and HAPPY THANKSGIVING.

really appreciated your input!!
 
allanh said:
However, I have no knowledge of N-470.
Click to expand...
Google is your friend.

Do I need both re-entry permit and N-470?
Click to expand...
Reentry permit is to preserve your green card, N-470 is to preserve continuous residence for naturalization. So yes, it is important to have both (though not absolutely necessary, depending on the length and pattern of your trips).

I will be self employed and my wife will be working for Citibank in another country. Do we both need N-470 along with a re-entry permit?? Do we both qualify for both permit?
Click to expand...
If your wife would be accompanying you outside the US, she could be added to your N-470 or vice versa. But with you being self-employed, it will be nearly impossible for you to get the N-470, and without staying together outside the US you aren't eligible to be added to your wife's N-470.

Also, do you suggest us to hire an attorney to file those permits? Do we need to wait for approval before travel??
Click to expand...
Attorney is not required. But the N-470 requires some help from the employer.
 
* I got my GC in 12/2000.
* I lived in US till 05/2003 continuously except for a gap of 31 days (1 month) when I once visited india in 10/2002.
* I moved back to India in 05/2003, and came back in 03/2006 permanently. * I visited US between 05/2003 and 03/2006 4 times, twice after more then 6 months gap but never after a gap of more then a year.
* I had advance parole issued once meanwhile which was valid till 07/2006.
* Since coming back in 03/2006, I have left US 3 times till now altogether for a total of 65 days (2 mos).
* Since getting GC, which is altogether 96 months apprx., Overall I have been in USA for about 58 months and India for about 38 months.
* Since coming back in 03/2006, I have been here for apprx. 31 months and away for 2 months

When is the earliest I can be eligible for US citizenship ? My calculations say that it would be in 03/2011 earliest. Is that valid?

Does 4 years 1 day rule apply to me ?
 
You must log in or register to reply here.
Top