Green card holder returning to US on SB1 visa and want to apply for US citizenship

G

gkaranth

Registered Users (C)
I have been a permanent resident since 4/30/02 and have made several trips abroad (dates of travel for last 5 years listed below). I was also in India for about 2 years between 1/30/05 to 03/02/07 and returned to the US on a returning resident visa and USCIS allowed me to retain my green card. I have been physically present in the US for about 27 months in the past 5 years. I was wondering when would be a good time for me to apply for my citizenship.

Dates of travel:
----------------
8/30/03 to 9/21/03
4/9/04 to 4/13/04
6/16/04 to 6/23/04
1/30/05 to 03/02/07

Please let me know when I can apply for citizenship and what would be your fees to assist in applying. Also, are there any financial requirements like minimum income, bank balance, income in tax returns, etc for applying.

Looking forward to hearing from you.
 
Well you definitely broke your continuous residence during that long trip to India, so you can apply for N-400 4yrs+1day from your 3/2/07 return date.

As far as tax is concerned, make sure you've filed returns/paid all tax owed to the IRS during your time as an LPR.
 
Boatbod is right. Your last trip broke it and you got to wait until a little into 2011. It is to early for me to count right now .. lol.
 
Hi all, Thanks for the reply. But I contacted one of the Attorney and she said I can file for the UZ Citizenship. So I was wondering whether I can really apply in another 3 months.
I have filed returns/paid all tax owed to the IRS during my time as an LPR.
 
Last edited by a moderator:
gkaranth said:
Hi all, Thanks for the reply. But I contacted one of the Attorney and she said I can file for the UZ Citizenship. So I was wondering whether I can really apply in another 3 months.
I have filed returns/paid all tax owed to the IRS during my time as an LPR.
Click to expand...

Does your attorney knows the whole story about you being out of the country for over 2 yrs. May be she is assuming that you are applying on behalf of your spouse who happened to be a USC, who knows. I would also consult another attorney and get a second opinion but If she knows what she is doing then retain her and try sending the paperwork to USCIS thru her but make sure you get this in writing that if your N-400 application is denied or returned back, she will refund you her fees.
 
gkaranth said:
Hi all, Thanks for the reply. But I contacted one of the Attorney and she said I can file for the UZ Citizenship. So I was wondering whether I can really apply in another 3 months.
I have filed returns/paid all tax owed to the IRS during my time as an LPR.
Click to expand...

Hmmmm, well unless you had an approved N-470, I can't see any way that a 2yr trip would leave you eligible to apply for your N-400. You're not active duty military are you? I guess some people will say anything you get you to part with your dollars.
 
I did tell my attorney that I was outside for 2 years and came back on SB1 visa. Even after hearing that she said you can apply in another three months for Citizenship.

I am planning to take second opinion. Can you suggest some attorney's in San Jose.CA.
 
Does this mean I can still apply for citizenship 4 years + 1 day after returning to the US from the 2 year trip.

I also read the post
http://immigrationportal.com/showthread.php?t=155377
where someone was rejected for US citizenship after returning from a 10 year trip and even applying 6 years after reentry. Is there any possibility of this happening if I apply 4years + 1day after returning.
 
You might contact different lawyers. In my opinion, you can apply for N-400 in 2011 because you broke your continuous residence during the long trip. If you apply for N-400 now, I think your N-400 will be either denied or returned to you.
 
gkaranth said:
I also read the post
http://immigrationportal.com/showthread.php?t=155377
where someone was rejected for US citizenship after returning from a 10 year trip and even applying 6 years after reentry. Is there any possibility of this happening if I apply 4years + 1day after returning.
Click to expand...
After extremely long trips, it will be presumed that your green card and permanent resident status became invalidated, and you will have to prove that your LPR status was maintained or reinstated. Remember, you are not eligible for citizenship unless you are a permanent resident when you apply (except if you meet one of the limited exceptions such as being in the military).

Being disabled and without a lawyer, that person probably was not able to present their case properly and so they got denied. Perhaps upon appeal they prevailed after providing the relevant evidence, but we won't know because they didn't return to update us on what happened.

But as long as you present the evidence such as your SB-1 visa, and properly explain your situation, you should be OK.
 
gkaranth said:
I did tell my attorney that I was outside for 2 years and came back on SB1 visa. Even after hearing that she said you can apply in another three months for Citizenship.
Click to expand...
Well it is true that you can apply that soon. But you can't expect to be approved if you apply that early, unless you met one of the limited exceptions like working for the US government or military. Seems like the attorney just wants to grab your money.
 
SB1 visa/ DS-117 application

Hello. I have question regarding SB1 visa.What
are the chances of DS-117 application being rejected if the person
has a valid green card (since it was issued in 1983 when the
greencards dint have expiry date) but the person couldnt come until now.
Reasons are the following:
The person was 4 years old and couldnt come alone since parents had to stay to take care of ailing elders.
When the person became older he dint have enough money or education to come to the US and live by himself.
These are the reasons but i want to know what kind of proof the embassy wants to see to determine that the resident should be allowed to come back.
It has been 25 years..
 
fe_rizvi said:
Hello. I have question regarding SB1 visa.What
are the chances of DS-117 application being rejected if the person
has a valid green card (since it was issued in 1983 when the
greencards dint have expiry date) but the person couldnt come until now.
Reasons are the following:
The person was 4 years old and couldnt come alone since parents had to stay to take care of ailing elders.
When the person became older he dint have enough money or education to come to the US and live by himself.
These are the reasons but i want to know what kind of proof the embassy wants to see to determine that the resident should be allowed to come back.
It has been 25 years..
Click to expand...

If the person has never even set foot in the U.S. since the GC was issued 25 years ago, he lost his LPR status a long time ago. He must go through the process again in order to obtain a new GC.
 
fe_rizvi said:
The person was 4 years old and couldnt come alone since parents had to stay to take care of ailing elders.
When the person became older he dint have enough money or education to come to the US and live by himself.
These are the reasons but i want to know what kind of proof the embassy wants to see to determine that the resident should be allowed to come back.
It has been 25 years..
Click to expand...
No chance of going back to the US to live without redoing the whole green card process*. He might have had a chance if he tried while still a teenager, as there is precedence for claiming that being taken outside of the US as a child was not one's own choice but was the parents' choice. However, continuing to live outside the US for years as an adult will be clearly seen as one's own intent, unless there are extreme circumstances like being kidnapped. Not having enough money or education is not a valid excuse.

*however if the parents became US citizens before leaving the US, he may have automatically become a US citizen.
 
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