have to be physically reside in US 3 month before filing N400

Guys,

Thanks for all your warmhearted responses. They are very helpful. It seems OK to maintain GC status. Let's say, if I apply for reentry permit, and come back every 5-6 month with short visits, after two years, I move back to US and finds work, then apply for N400. Would this two years consider as continuous residency or I have to start over a 5 year period. This way, I don't have to risk the denial of the N400.

Thanks again! Your guys are so helpful!
 
jiang.62 said:
Guys,

Thanks for all your warmhearted responses. They are very helpful. It seems OK to maintain GC status. Let's say, if I apply for reentry permit, and come back every 5-6 month with short visits, after two years, I move back to US and finds work, then apply for N400. Would this two years consider as continuous residency or I have to start over a 5 year period. This way, I don't have to risk the denial of the N400.

Thanks again! Your guys are so helpful!
Click to expand...

It would be considered if you can prove your intention was not to break US residential ties during these back to back 5-6 months trips. The reentry permit is to preserve your GC, and not residential US ties.
 
Then one more question.

What is risk of GC status if Natz is denied? Can I find a job in US, move back and re-apply? Or I lost GC status at the same time? Or when I enter the boarder with GC, would they know that my Natz was denied and question more about my GC?

So many questions I have, this forum is an excellent info center.
 
jiang.62 said:
Guys,

Thanks for all your warmhearted responses. They are very helpful. It seems OK to maintain GC status. Let's say, if I apply for reentry permit, and come back every 5-6 month with short visits, after two years, I move back to US and finds work, then apply for N400. Would this two years consider as continuous residency or I have to start over a 5 year period. This way, I don't have to risk the denial of the N400.

Thanks again! Your guys are so helpful!
Click to expand...


Once again what does a short visit do? Nothing in this case. You might as well just stay out the entire time since it won't help your case any.

You can try for a re-entry permit, but that will just help you perserve your Green Card and not any continuous residency status. You would need a N-470 to maintain that and that is limited to certain US Government jobs as well as a few limited US private sector or religious jobs overseas.

And also remember a Re-entry permit (I-131) doesn't even guarentee you will be allowed back or example:

http://www.antaoandchuang.com/en/ot...tee-permanent-resident-will-be-readmitted-u-s

"Remember: the immigration inspector at the port of entry always has the right to refuse entry to any permanent resident if he or she deems that the individual has either abandoned the intent to remain permanently in the U.S., or has committed a crime, or falls within one of the grounds for exclusion under U.S. immigration law."


If you want to see the offical document for the I-131 re-entry permit it is located here and you can judge for yourself if this will benefit you or not:

http://www.uscis.gov/files/form/I-131instr.pdf
 
jiang.62 said:
That's why I'll have my family in US, and pay US tax on top oversea's tax. With the reentry permit which usually indicates the oversea stay in a planned temperary stay, plus the family/property/tax in US, and paid US tax, would that be enough evidence for the citizen application?
Click to expand...
Reentry permit preserves your green card for extended overseas trips, but it does not preserve your residence continuity for naturalization purposes. If you work overseas for a couple years for a non-US corporation, expect to be denied unless you wait a few years until after returning to the US. The N-470 is what preserves residence for naturalization, but nongovernmental foreign employers will not enable you to qualify for it.
 
Last edited by a moderator:
jiang.62 said:
Then one more question.

What is risk of GC status if Natz is denied? Can I find a job in US, move back and re-apply? Or I lost GC status at the same time? Or when I enter the boarder with GC, would they know that my Natz was denied and question more about my GC?

So many questions I have, this forum is an excellent info center.
Click to expand...

If your N400 application is denied, what do you think the basis of that decision ?
Probably it is the fact you are not living in U.S. and Interview officer weigh your employment more than your family tie in U.S.
If you spend a couple of days or weeks with your family, and most of your time for your work, some people may think that way.
Remember that IO will consider indivisual situation than family situation for each case.
Since your family lives in U.S., they can keep their Green Card.
But since you work for the company in foreign country, and lives there, IO may think you don't have any intetion to live in U.S. and are not eligible for "Permanent" residentship at all.

Every cases are unique. It depends on circumstance, interview officer's personal thought, and others.

You may get away with this if you are lucky.

But do you want to depend on your luck for family relationship ?
If they cancel your permanent resident card, you have to surrender it right away.
Then if you want to your family, it may not be easy to get VISA or entry to U.S. since you have family in U.S. and better chance to stay in U.S. illegally.

Don't look at this case by your advantage.

Interview officer may see this issue from worst scenario.
Are you really ready to take that chance?

Violating residency condition may not only affect your N400 application, but also affect your "permanent" residency.
Don't take it for granted.
If you don't have intention for "permanent" residency, they can revoke your permanent residency at any time. That's why a lot of people try to apply for U.S. citizenship.

Some Interview Officer may take your accepting foreign country foreign company job as sign for no interest in "permanent" residency in U.S.
 
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