Help: Absence of more than 6 month for GC holder out side of US.

S

ssundal

New Member
Urgent: Need to know if GC holder stay over 6 months out side of US..what are the con

I would appreciate if any one can clearyfy this for me: If a person stays outside of US who has a Green Gard more than six months but returned to US within a year... can he/she is still qualify for the cistizen ship in 5 years?.

Also, can some please please tell me what is 6 month continuity of residnece is all about??... I have read the "General Naturalization Requirements" on INS web site but still not clear. It says "absences of more than six months but less than one year shall disrupt the applicant's continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period" ...what does it mean "did not abandon his or her residence"?.

Appreciate your reply....
Thank You.
 
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Generally, you would have to wait 4 years and 1 day after returning from a trip that is longer than 6 months before you are eligible to apply for your naturalization. There are certain exceptions to the rule (e.g. if you were out of the country on a peace keeping mission for a non-profit organization, etc...), and some of those are listed in the guide.
 
JoeF, you said -

-----Hmm, no. The exact rules are listed in the "Guide to Naturalization", available on the INS website.
It is my understanding that this 4 year + 1 day rule applies only if you stayed abroad for over 1 year. See INS Interpretation 316.1 (http://www.ins.gov/lpbin/lpext.dll/...mple&2.0#LPHit1)
Absences over 6 months usually break the continuous residency requirement, unless you can show otherwise.
If the residency requirement is broken, the 5 years start over.-----

Now, that doesnot make lot of sense to me. If somebody stays outside of US for more than 1 year than they have to wait only 4 years + 1 day; but if somebody stays outside for 8 months; they have to wait full 5 years.
That is counter-intutive.
Especially consider somebody who has been on GC for 3 years. Now that person happens to go abroad; and has been there for 8 months. Are we saying that if he comes back now he would have to wait for 5 years; but if he decides to stay in abroad for 4 more months and finish his year abroad; he will have to wait just for 4 years and 1 day?
How is that making sense?
Please clarify
 
six months

Hi Everybody, this is how it works... because I am a victim (not really victim but happened to me) of this law. When I went for interview I stayed outside US for more than 6 months but less than 1 year. When I went from US I took the Re-entry permit thinking I will not be able to return before 1 year, but I was back after 8 months.
During Interview the officer asked me about the proof for not breaking the residency when i was out of US. But I could not convince the officer. The officer told me to apply after 4 years + 1 day from my 8 months return. Now I applied again last month after completing 4 year +1 day continious residency, obiviously I went to my native county 3-4 time for vacation.
 
Brazilian,

I also have some doubt. I am sure you will be able to help.

I got my GC in May 97. Went to india in July 1997 to complete my remaining Masters degree.
I took a re-entry permit.
I came back in June 1998 and since then I am living in US.

Also I never used the permit and was aslo not asked to show while comign back. Therefore, I do not have any stamp or anything on my reentery permit.

I have applied for my citizenship in may of 2002. Counting 5 years from 1997. I had my FP in august and no date yet for interview

I am afraid if they deny my citizenship application at the time of my interview.


I had my family ties here in Us and I had all the intention to come back. Since I came back in June 1998 I have never been out for more than 3 weeks every year.

You have the experience. Please tell me what explaination they ask for taking the re-entery permit and what is needed to convince them.

Thanks.
 
Urgent Help Needed _ Joef please help

Can someone tell me what exactly the re-entry permit is. Is it a stamp in your Passport OR just a notice from INS.

someone said they didnot used re-entry permit. what does that mean.

Finally, my question is my sister is planning to take a job in Delhi for 6 months. Does she need to apply for re-entry permit. For how many days absence, we need to apply for re-entry permit.

Manoj Varma
 
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