GreenCard, Citizenship, Reentry

[shemous]

Hey there,

I got my GreenCard(based on marriage to a US citizen) on 06/19/2007 and I'm moving back to Turkey with my wife and son on August 22nd to finish the 4th year of my college education. As I've been informed, I can't be outside the US longer than 6 months if I'd like to apply for citizenship and I do plan to come for a short visit around February, 15th ,2008 on my semester break. My question will be are there any regulations about how short that visit can be? Because I don't really have that much time to stay here during that break and it will be more costly as it keeps going. Also, we're planning to come back to the US for good around July, 15th, 2008. Would that cause any problems for my GreenCard? My lawyer had told me I don't need to file for reentry permit if I'm going to back within a year, but she ain't helping me no more since I got the GC

Thanks for your help and keep up the good work. This is wonderful what y'all are doing here on this forum.

Sehmuz Akalin

 

[boatbod]

Hey there,

I got my GreenCard(based on marriage to a US citizen) on 06/19/2007 and I'm moving back to Turkey with my wife and son on August 22nd to finish the 4th year of my college education. As I've been informed, I can't be outside the US longer than 6 months if I'd like to apply for citizenship and I do plan to come for a short visit around February, 15th ,2008 on my semester break. My question will be are there any regulations about how short that visit can be? Because I don't really have that much time to stay here during that break and it will be more costly as it keeps going. Also, we're planning to come back to the US for good around July, 15th, 2008. Would that cause any problems for my GreenCard? My lawyer had told me I don't need to file for reentry permit if I'm going to back within a year, but she ain't helping me no more since I got the GC

Thanks for your help and keep up the good work. This is wonderful what y'all are doing here on this forum.

Sehmuz Akalin

Short "visits" to the US do absolutely nothing to preserve residence for naturalization purposes. Any IO that sees you've been living and/or working abroad for a significant period (i.e. >6 months) will see straight through your strategy and deny the natz case in a heartbeat.

In your situation, I believe the correct course of action would be to apply for a reentry permit, enjoy your extended visit to Turkey and then deal with meeting the natz residency criteria upon your return. Most likely you will qualify for naturalization based upon the 4yr+1day rule once you return from Turkey. (If you need more info, ask me or one of the other regulars over in the Citizenship forum)

 

[shemous]

Thanks, But

Thanks a lot for the information.

I'm wondering: our ex-lawyer, who is an immigration lawyer who *seemed* to know what she was talking about, advised me to re-enter the country within 6 months to accrue time for my naturalization.

I'm going out of the country *not* to live long-term: just to finish college, so I'll be there for about 10 months and then I'm coming back to the US to live. (Universities here won't accept all my Turkish credits.) She seemed to think this valid excuse might make some difference.

Even in this situation, my returning for a short stay won't make a difference?

Thanks a lot for any help you can give me, or any experiences you can relay!

 

[amishah]

Thanks a lot for the information.

I'm wondering: our ex-lawyer, who is an immigration lawyer who *seemed* to know what she was talking about, advised me to re-enter the country within 6 months to accrue time for my naturalization.

I'm going out of the country *not* to live long-term: just to finish college, so I'll be there for about 10 months and then I'm coming back to the US to live. (Universities here won't accept all my Turkish credits.) She seemed to think this valid excuse might make some difference.

Even in this situation, my returning for a short stay won't make a difference?

Thanks a lot for any help you can give me, or any experiences you can relay!

Returning for short term won't count toward your "Time of Stay" for citizenship.
You can apply for Citizenship after 4 years and 1 day after you come back for good.

 

[boatbod]

A slightly different spin...

If you are only going to be away 10 months, and can furnish sufficient proof that you know in advance that trip is going to be temporary, you stand a reasonable chance of not breaking continuous residence.

The key rule: absences from the US longer than 6 months but less than 12 months, are presumed to break continuous residence unless the applicant can prove otherwise.

Overseas study is one of those areas where USCIS has historically looked rather favorably on GC holders, especially if they maintain strong ties to the US. By this I mean, it is extremely helpful if you maintain mortgages/leases, financial commitments, have family remaining behind etc, etc.

Whatever you do however, DO NOT seek employment while abroad, or you will pretty much guarantee to be denied.

 

[shemous]

Thanks for the heads up, boatbod.

That gels with what the lawyer told us.

I wonder, do you know: how do we show such prior knowledge (a letter from my school, tickets, etc.?), and who do we inform about the issue? I mean, I assume that would be USCIS but is there some kind of form for this? We don't have to apply for a re-entry permit, though, in any case, if we're gone fewer than 12 months?

Thanks, again, in advance...

 

[boatbod]

I wonder, do you know: how do we show such prior knowledge (a letter from my school, tickets, etc.?), and who do we inform about the issue? I mean, I assume that would be USCIS but is there some kind of form for this?

Probably a letter from the school showing acceptance into their program, and start/end dates of each term. Also of use would be something demonstrating what you planned to do after you complete the education. e.g. application for US-based employment, post-graduate study etc.

As far as who you inform... well yes that would be USCIS. Very simply, you take all your evidence to your natz interview, and present it to the IO when asked why you were away so long.

We don't have to apply for a re-entry permit, though, in any case, if we're gone fewer than 12 months?

Thats true, but doing so counts as one additional piece of evidence showing you planned the trip to be temporary from the very start. It also covers you if unexpected circumstances force you to remain away for longer than initially planned. Good insurance!