GC holder ... will a 2yr absence jeopardize naturalization process

A

Aliena007

Registered Users (C)
I first would like to Thank to anyone who replies, I really do appreciate your help :)
Here is my confusing situation :confused:
I got a GC in 2005 - almost 15yrs after applying for asylum !!!
I will be eligible for citizenship in 2010 and under no circumstances would I want to loose this opportunity.
My husband's company transferred him to Europe where he will be minimum of 2yrs. We have small children, therefore it is important to us that our family remains together :)

My questions are:
+ If I do come back to US every 5months and stay for a month each visit, will that jeopardize my chance of becoming a citizen.
+ Will a month stay be adequate?
+ Is there a document I should apply for that would assure me getting the citizenship regardless of the absence? ( I will not work or be eligible to work while in Europe)

I read so much about it that I am now confused. It states that once you have your GC the waiting period for the citizenship is 5yrs, but the applicant has to have continuous residency in the US for minimum of 30months (2 1/2yrs). My continuous residency is 40 months now. However on the Naturalization application it is required to count the dates of your absence from the US. In addition to that you have to state all your trips as well as answer the IO's questions ..etc...

Please advise, any input is greatly appreciated :)
 
Aliena007 said:
My questions are:
+ If I do come back to US every 5months and stay for a month each visit, will that jeopardize my chance of becoming a citizen.
+ Will a month stay be adequate?
Click to expand...
A back and forth pattern of just under 6 months along with your husband working in Europe will lead to a strong presumption of continuous residency break. Unless you can overcome this presumption you're likely to be denied.
Aliena007 said:
+ Is there a document I should apply for that would assure me getting the citizenship regardless of the absence? ( I will not work or be eligible to work while in Europe)
Click to expand...
Is your husband working with US company in Europe? If so, then have him check if his work can apply for N-470 since it provides derivative status for continuous residency preservation.
Aliena007 said:
I read so much about it that I am now confused. It states that once you have your GC the waiting period for the citizenship is 5yrs, but the applicant has to have continuous residency in the US for minimum of 30months (2 1/2yrs). My continuous residency is 40 months now. However on the Naturalization application it is required to count the dates of your absence from the US. In addition to that you have to state all your trips as well as answer the IO's questions ..etc...
Click to expand...

Actually it states you have to have at least 30 months of physical presence when applying under 5 year rule and 5 years of continuous presence. The reason they ask for all your trips since becoming legal resident is to verify legal residency status and to establish both physical continuous residency requirements.
 
is your husband a citizen?


Aliena007 said:
I first would like to Thank to anyone who replies, I really do appreciate your help :)
Here is my confusing situation :confused:
I got a GC in 2005 - almost 15yrs after applying for asylum !!!
I will be eligible for citizenship in 2010 and under no circumstances would I want to loose this opportunity.
My husband's company transferred him to Europe where he will be minimum of 2yrs. We have small children, therefore it is important to us that our family remains together :)

My questions are:
+ If I do come back to US every 5months and stay for a month each visit, will that jeopardize my chance of becoming a citizen.
+ Will a month stay be adequate?
+ Is there a document I should apply for that would assure me getting the citizenship regardless of the absence? ( I will not work or be eligible to work while in Europe)

I read so much about it that I am now confused. It states that once you have your GC the waiting period for the citizenship is 5yrs, but the applicant has to have continuous residency in the US for minimum of 30months (2 1/2yrs). My continuous residency is 40 months now. However on the Naturalization application it is required to count the dates of your absence from the US. In addition to that you have to state all your trips as well as answer the IO's questions ..etc...

Please advise, any input is greatly appreciated :)
Click to expand...
 
Thanks Bobsmyth - I was hoping YOU would answer!
However here is another q: I am a partner in a business (in the US) and will have to pay taxes on it - wouldn't that prove no intent of breaking my US residency.
Also would visits to US every 3-4months be more "beneficial" in my case.
My husband is working for a US based company in Europe, but he is not a US citizen - now I am not sure if his company would be willing to help me with the N-470 .... I'm a bit confused about that, can you elaborate a bit or direct me to where I can get more info.
 
Hi Thankful & MartinAub
No my husband is not a US citizen. Is that going to create a problem as well? Our children are US citizens (if that matters at all).
Sometimes I feel as if I just can't get a break with this INS stuff - almost 20yrs of continuous issues and problems - I truly feel like a real "Alien" (space ship and all )
 
Aliena007 said:
Thanks Bobsmyth - I was hoping YOU would answer!
However here is another q: I am a partner in a business (in the US) and will have to pay taxes on it - wouldn't that prove no intent of breaking my US residency.
Also would visits to US every 3-4months be more "beneficial" in my case.
My husband is working for a US based company in Europe, but he is not a US citizen - now I am not sure if his company would be willing to help me with the N-470 .... I'm a bit confused about that, can you elaborate a bit or direct me to where I can get more info.
Click to expand...
Being an owner or part owner of US business does help in overcoming presumption of continuous residency break, as well as filing US taxes every year, rental/mortgage agreement, US utility bills, US bank accounts, US credit accounts. However, joining spouse outside US may go against continuous residency preservation. Returning every 3 months instead of every 5 isn't necessarily better since it would still show a back and forth pattern.
Is your husband a legal US resident as well? If so, have him contact his HR department to determine if they are willing in filing N470 for him.
 
Aliena007 said:
Hi Thankful & MartinAub
No my husband is not a US citizen. Is that going to create a problem as well? Our children are US citizens (if that matters at all).
Sometimes I feel as if I just can't get a break with this INS stuff - almost 20yrs of continuous issues and problems - I truly feel like a real "Alien" (space ship and all )
Click to expand...

Had your husband been a citizen of the United States and if he was working overseas for an American company, you would probably have been eligible to apply for naturalization now (one of the sweetest deals in the world of immigration since they waive the five year waiting requirement). Since he is not a citizen there is no point in dwelling on this.

Feel free to pm me if you want to discuss what you can do in your present circumstances.
 
Aliena007 said:
Sometimes I feel as if I just can't get a break with this INS stuff - almost 20yrs of continuous issues and problems - I truly feel like a real "Alien" (space ship and all )
Click to expand...


I feel for you. You applied for asylum when the asylum system was a black hole and it took forever to get a decision. Even after you won asylum there was a long line for your green card. Did I get your history right?

On another part of this chat room there is an ongoing discussion of asylum-related issues. You should pay us a visit. You will feel very much at home there.

here is the link: http://forums.immigration.com/forumdisplay.php?f=37
 
You got your GC in 2005 via asylum? Then you should be eligible for citizenship THIS YEAR*, because asylees get their permanent residence backdated by one year. So if you can spend most of this year in the US, that would solve your problem, assuming they complete the process without exessive delay.


*unless you already accounted for the 1-year backdate when you mentioned 2005, i.e. your card was approved in 2006 with a backdate of 2005.
 
you got your green card in 2005 based on asylum? Does your card have an effective date of 2004? go home and check it out?
 
*unless you already accounted for the 1-year backdate when you mentioned 2005, i.e. your card was approved in 2006 with a backdate of 2005.[/QUOTE]

That is the case exactly :(
 
Too bad ... well, the answer is that yes, a 2 year absence will jeopardize your ability to obtain citizenship when you are initially eligible, even if you go back to the US every 4 or 5 months ... unless your husband can get an N-470 for both of you. Doesn't mean you will be denied, it just means it will be a challenge to convince the interviewer to approve you.

Note that if you are denied, it is just a matter of time before you can apply again and be successful.

Also apply for a reentry permit so you don't lose your green card as a result of the long absences outside the US.
 
On another part of this chat room there is an ongoing discussion of asylum-related issues. You should pay us a visit. You will feel very much at home there.

here is the link: http://forums.immigration.com/forumdisplay.php?f=37[/QUOTE]


Thanks for the link - very interesting and I hope I was helpful to some lost alien soul like myself. Also Thanks for the input and help!!
 
THANKS TO ALLLL !!!
Each of you has really helped by giving me hope and great options :)

I think the safest route for me is to arrange for N-470.
I waited tooo long to loose the status.

Once again Thanks
 
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