GC Holder reentering US after 9 months - will it affect US citizenship

[kumsakthi]

Hello,

I am a naturalized US citizen and I sponsored GC for my Father and he obtained GC last OCt.

He left to India to visit my brother in mid Nov. I am planning to bring him to US coming July/Aug.

By any chance will he be stopped by the immigration officer and not allowed to enter US?

Please advice what should I do (bring him earlier or file any form with USCIS) to avoid unpleasant happenings?

Also would it affect his US citizenship application, if we decide to apply for his US citizenship after 4 years.


Regards!

 

[Jackolantern]

Given that this is his first long trip and his green card was granted recently, he shouldn't have much of a problem at the port of entry. It's common for new green card holders to spend several months in their original country to organize/sell/relocate/dispose their personal and business assets before settling down in the US.

However, the 9-month absence will almost surely delay his eligibility for citizenship. I doubt he was able to establish enough ties to the US (US job, car, house/apartment etc.) in the short time time he stayed in the US before leaving in November, in order to overcome the presumption of breaking residence.

So that would mean his eligibility is delayed until 5 years minus 90 days after returning this summer -- that would be April/May 2017 if he returns in July/Aug.

 

[jessicapotter]

Hello,

I am a naturalized US citizen and I sponsored GC for my Father and he obtained GC last OCt.

He left to India to visit my brother in mid Nov. I am planning to bring him to US coming July/Aug.

By any chance will he be stopped by the immigration officer and not allowed to enter US?

Please advice what should I do (bring him earlier or file any form with USCIS) to avoid unpleasant happenings?

Also would it affect his US citizenship application, if we decide to apply for his US citizenship after 4 years.


Regards!

Staying out of the US on a legal permanent resident status, for more than 6 months, will surely affect the citizenship application process. This can be overcome only if you are able to prove to the USCIS that your father did not break the continuous residence requirement, which is very difficult( in your father's case). However, your father will not face any problems while entering through any port of entry.