I got my green card in August 2008. I travelled aborad for about 30 days since i obtained gc. I am planning to goto India once for all in Feb or March 2011 and planning to visit US with our GC every four months and stay for a week or 10 days until we are eligible to apply for citizenship. Main reason for my decision is to take care off my elderly parents. Can you please let me know my options?
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Greencard dilemma Citizenship question
- Thread starter Varadan73
- Start date
TheRealCanadian
Volunteer Moderator
I am planning to goto India once for all in Feb or March 2011 and planning to visit US with our GC every four months and stay for a week or 10 days until we are eligible to apply for citizenship. Main reason for my decision is to take care off my elderly parents. Can you please let me know my options?
Your options are to stay, or to go. It is likely your citizenship application will be denied, since you will have broken continuous residence. Based on your statement "go to India once and for all", you really will be abandoning your GC altogether, although USCIS may or may not determine this.
A GC is not a border crossing card.
My understanding is that one have to be in US for 30 months in the last five years of permanent residency to apply for citizenship. Since i will be completing my 30 months period in Feb 2011, i thought i can visit US every four months to maintain my permanent residency, is that not correct?
Jackolantern
Registered Users (C)
Completing the 30 months only satisfies the physical presence requirement. There is also the continuous residence requirement, which requires that you are primarily residing in the US all the way up until you apply and through the process until you complete the oath. Staying in the US for 3-4 weeks per year for a couple years is unlikely to be found acceptable by the interviewer.
TheRealCanadian
Volunteer Moderator
i thought i can visit US every four months to maintain my permanent residency, is that not correct?
You misunderstand. If you are visiting the US, it means you are not residing here. If you have abandoned your US residence, the law considers you to have abandoned your GC.