Hi all,
I have presented my case here in detail. I know its a little long, but I would REALLY appreciate if Rajiv Khanna or someone elase in the forum could go thro' it and share your knowledge and/or experiences.
My wife and I obtained our permanent resident status on June 21 2001. From then onwards the time periods we have been outside the country are as follows:
Myself -Dec 2001 for 4 weeks, Dec 2002 for 4 weeks, Dec 2004 for 3 weeks, Dec. 2005 (possibly for 4 weeks and accompany my wife back to the US).
Total is about 11 weeks for myself.
My wife - Dec 2002 for 4 weeks, Dec 2004 for 9 weeks (including the current trip when is in India and is returning on March 2, 2005). She plans to go back to India sometime in May of this year, have our child in India (she is currently pregnant) and come back in Dec 2005 (with the child and I accompanying her). This would add another 8 months (from May 2005 to December 2005) (continuos absence of 8 months from US).
Total for my wife would be about 11 months.
Could you please clarify on the following:
- Can my wife can return to the US as per the above schedule in 2005 ? Though any single trip (including the long 8 months from May 2005 to December 2005) would not be more than 1 year, it is necessary to apply for Reentry Permit for my wife just to be safe ?
- The child should be able to enter US with us in December 2005 since it is within two years of the child's birth with documentation showing the parent-child relationship (which I am assuming is a birth certificate ? Is there any specific document needed for this purpose ?) ?
- My wife and I would be eligible for applying for US citizenship 90 days before June 21 2006. The above days of absence would not affect this ?
I read in one of posts here about the following:
The law says to be citizen, you need to meet the following equirement:
maintain your PR status for 5 years - to do so, you need to be in USA for at least 3 months out of any 12 consecutive months.
If so does my wife's 8 months absence from US from May 2005 to December 2005 affect ? Infact I do not understand how to calculate this "any 12 consecutive months" ?
- Child can apply for citizenship with us because child is under 18 at the time that both parent is naturalized then the child becomes a U.S. citizen by operation of law?
Is there anything else that is I need to know to ensure the process of bringing in the child to US and obtaining citizenship for all of us goes smoothly ?
In your expert opinion, with reference to our child, do you foresee any long term "future" immigration/citizenship related legal issues for a US citizen born outside of US vs. US citizen born in the US.
Thank you all for your time. I look forward to hearing from you.
I have presented my case here in detail. I know its a little long, but I would REALLY appreciate if Rajiv Khanna or someone elase in the forum could go thro' it and share your knowledge and/or experiences.
My wife and I obtained our permanent resident status on June 21 2001. From then onwards the time periods we have been outside the country are as follows:
Myself -Dec 2001 for 4 weeks, Dec 2002 for 4 weeks, Dec 2004 for 3 weeks, Dec. 2005 (possibly for 4 weeks and accompany my wife back to the US).
Total is about 11 weeks for myself.
My wife - Dec 2002 for 4 weeks, Dec 2004 for 9 weeks (including the current trip when is in India and is returning on March 2, 2005). She plans to go back to India sometime in May of this year, have our child in India (she is currently pregnant) and come back in Dec 2005 (with the child and I accompanying her). This would add another 8 months (from May 2005 to December 2005) (continuos absence of 8 months from US).
Total for my wife would be about 11 months.
Could you please clarify on the following:
- Can my wife can return to the US as per the above schedule in 2005 ? Though any single trip (including the long 8 months from May 2005 to December 2005) would not be more than 1 year, it is necessary to apply for Reentry Permit for my wife just to be safe ?
- The child should be able to enter US with us in December 2005 since it is within two years of the child's birth with documentation showing the parent-child relationship (which I am assuming is a birth certificate ? Is there any specific document needed for this purpose ?) ?
- My wife and I would be eligible for applying for US citizenship 90 days before June 21 2006. The above days of absence would not affect this ?
I read in one of posts here about the following:
The law says to be citizen, you need to meet the following equirement:
maintain your PR status for 5 years - to do so, you need to be in USA for at least 3 months out of any 12 consecutive months.
If so does my wife's 8 months absence from US from May 2005 to December 2005 affect ? Infact I do not understand how to calculate this "any 12 consecutive months" ?
- Child can apply for citizenship with us because child is under 18 at the time that both parent is naturalized then the child becomes a U.S. citizen by operation of law?
Is there anything else that is I need to know to ensure the process of bringing in the child to US and obtaining citizenship for all of us goes smoothly ?
In your expert opinion, with reference to our child, do you foresee any long term "future" immigration/citizenship related legal issues for a US citizen born outside of US vs. US citizen born in the US.
Thank you all for your time. I look forward to hearing from you.