Here's a Tough Case, Please Advise

Obongo

Registered Users (C)
Hi,

I looked through the FAQs and previous posts, but my case is quite
unusual and I couldn't find any definite answers.

I got an extradorinary Alien outstanding research
green card with a previous job. I am now a professor in the U.S. since
01/11/02. The green card says I have been a resident since
01/23/02. Green card was fiiled by the previous employer.
I don't think the outstanding researcher green card means
anything special at this stage, but I may be wrong.

So I should be elgible for citizenship in 01/23/07.
But I'm considering going back home since the faculty
positions are right now are better back home than in the
U.S. But I want my citizenship since things may change
(I've got 30+ years before I retire).

If I decide to go back in August 06, can I file for
citizenship on 01/24/07? I have been a resident in the U.S.
100% (except a few three week holidays overseas) and paid taxes
since November 1998.

Is there any advantage to being employed in the U.S.
until 01/24/07 and filing for citizenship then?

These may sound like questions from someone who is impatient
or ungrateful to universities and the U.S., but in academia,
you take a good job while you can since many departments
do not hire for years on end and are quite picky now.


Thanks.

Obongo
 
Based on 5Y-90days rule. You probably can apply around 10/23/2006 rather than waiting till 2007

It probably will be a better choice to get the USC first.
 
I agree, if I were you I would apply right at the start of 90 days before the 5 years requirement. In order for citizenship to be granted the person has to be leading a continous life up until you are interviewed or sworn, if officer detects you are permanently working outside the US with non givenrnemental agencies you will automatically get denied - no question about that -

Tough choice you are facing with your job life, good luck.
 
loveoklahoma said:
I agree, if I were you I would apply right at the start of 90 days before the 5 years requirement. In order for citizenship to be granted the person has to be leading a continous life up until you are interviewed or sworn, if officer detects you are permanently working outside the US with non givenrnemental agencies you will automatically get denied - no question about that -

Tough choice you are facing with your job life, good luck.


So let me understand this. If I file on 10/23/06 as per the 5 year - 90 day
rule and even if I stay in the country *employed* until 01/24/07
(5 years + 1 day) I still have to be employed and in the country until
the interview date otherwise its an automatic denial?

I intend to lead a continuous life in the U.S. until my 5 year GC anniversary
and then go back and forward between the U.S. and home as necessary
(i.e. to do finger printing do interview etc.)

Thanks.
 
Quote"I intend to lead a continuous life in the U.S. until my 5 year GC anniversary
and then go back and forward between the U.S. and home as necessary
(i.e. to do finger printing do interview etc.)
"
You can't do that! Continuous 5 Years only makes you qualified. Citizenship is granted to people who established and intend to continue establishing their life in the US. If INS gets the slightest indication that you intend to leave the country and seek a permanent job elswhere -no matter how many times you fly back and forward- They will not approve your petition for sure.
 
You must also be resident for minimum 3 months in the state where you apply for citizenship.

Graham
 
loveoklahoma said:
Quote"I intend to lead a continuous life in the U.S. until my 5 year GC anniversary
and then go back and forward between the U.S. and home as necessary
(i.e. to do finger printing do interview etc.)
"
You can't do that! Continuous 5 Years only makes you qualified. Citizenship is granted to people who established and intend to continue establishing their life in the US. If INS gets the slightest indication that you intend to leave the country and seek a permanent job elswhere -no matter how many times you fly back and forward- They will not approve your petition for sure.

Pardon my French, but that's bull. You can leave the US the day of your oath and never set a foot back in the US again. Of course you'll still be required to file taxes and all that stuff but that's about it. There used to be a rule of how long a person had to live in the US after becoming a citizen, but it's not there anymore.

K
 
Now I understand why loveoklahoma always praises USCIS because when you look at this guy's post above, he just thinks whatever USCIS does is always right, even abusing power (even USCIS does not have that power according to law) to exploit the rights of the people.

I have the reason to believe that loveoklahoma is an internet spy from USCIS to put on good words for the corrupted USCIS so as to fabricate the fact that when a case is stalled there, it is the problem of FBI or the applicant, but not USCIS.
 
RealSuperK said:
Pardon my French, but that's bull. You can leave the US the day of your oath and never set a foot back in the US again. Of course you'll still be required to file taxes and all that stuff but that's about it. There used to be a rule of how long a person had to live in the US after becoming a citizen, but it's not there anymore.

K

This is all very interesting, I hope we can work out the details
with accuracy.

I agree with RealSuperK that you can leave the U.S. on the day of oath.
Infact, my home country allows dual citizenship, so I obviously can't reside
in both. I see that you have to bring your passport with you to the
interview, so he'll see I'm out of the country.

*The* fundamental questions I believe are (please answer if you know):

a) Do you have to be employed by a U.S. company at the time of *interview*. (I will be employed during the entire 5 year post GC
period).

b) Can you leave the U.S. once the 5 year post GC period is over
and still get citizenship. Does that ruin the 5 year post GC period.

The notion of intention to make the U.S. your home is a little
weird when dual citizenship gets thrown in. I believe.

P.S. pmg, now that would be an interesting login id: "INS-SPY"!
 
Obongo said:
This is all very interesting, I hope we can work out the details
with accuracy.

I agree with RealSuperK that you can leave the U.S. on the day of oath.
Infact, my home country allows dual citizenship, so I obviously can't reside
in both. I see that you have to bring your passport with you to the
interview, so he'll see I'm out of the country.

*The* fundamental questions I believe are (please answer if you know):

a) Do you have to be employed by a U.S. company at the time of *interview*. (I will be employed during the entire 5 year post GC
period).

b) Can you leave the U.S. once the 5 year post GC period is over
and still get citizenship. Does that ruin the 5 year post GC period.

The notion of intention to make the U.S. your home is a little
weird when dual citizenship gets thrown in. I believe.

P.S. pmg, now that would be an interesting login id: "INS-SPY"!

Here is my 2c worth:
a) Employment has no bearing on the naturalization process. You can be unemployed and still get your naturalization process completed successfully.

b) If you leave the US premanently, then you are abandoning your GC. Your naturalization application is based on a valid GC and therefore you are making yourself ineligible for citizenship.
 
mpotturi said:
Here is my 2c worth:
a) Employment has no bearing on the naturalization process. You can be unemployed and still get your naturalization process completed successfully.

b) If you leave the US premanently, then you are abandoning your GC. Your naturalization application is based on a valid GC and therefore you are making yourself ineligible for citizenship.

I agree 100% and as Graham noted, you also need to be a resident of your district for 3 months before applying.

Sam
 
sam_c said:
I agree 100% and as Graham noted, you also need to be a resident of your district for 3 months before applying.

Sam

Maybe I'm missing something. I can apply on 10/23/06 and have been
resident in this district for 4 years and 9 months on 10/23/06. My five
year post-GC anniversary is 01/23/07. I intend to be resident in my state /district until at least 02/15/07 (I own a house). The only difference between my case and the typical case is that I'll be in another country *after* GC + 5 years but most likely before my interview since
its taking 6 months.

Isn't the continuous resident requirement 5 years after getting your green
card or are you saying its 5 years counting backwards from the interview
date.

Thanks. You guys are great.
 
pmg and others; I am no spy guys, just chilling with you here...pmg, I dont want to start any personal argument with you, I am just chilling but you are turning it to something else. Let's drop it please, thanks.

Obongo; For the sake of puting an end to this question, below are the exact wordings of § 1427. Requirements of naturalization. Do your homework professor; read carefully and draw your own conclusions...it's not that complicated to understand the requirement and there are no twists that one can do to bend these rules!
(for official link go here: http://www.law.cornell.edu/uscode/h...27----000-.html)

TITLE 8 > CHAPTER 12 > SUBCHAPTER III > Part II > § 1427

§ 1427. Requirements of naturalization



(a) Residence

No person, except as otherwise provided in this subchapter, shall be naturalized unless such applicant,
(1) immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least five years and during the five years immediately preceding the date of filing his application has been physically present therein for periods totaling at least half of that time, and who has resided within the State or within the district of the Service in the United States in which the applicant filed the application for at least three months,

(2) has resided continuously within the United States from the date of the application up to the time of admission to citizenship, and

(3) during all the periods referred to in this subsection has been and still is a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States.

(b) Absences

Absence from the United States of more than six months but less than one year during the period for which continuous residence is required for admission to citizenship, immediately preceding the date of filing the application for naturalization, or during the period between the date of filing the application and the date of any hearing under section 1447 (a) of this title, shall break the continuity of such residence, unless the applicant shall establish to the satisfaction of the Attorney General that he did not in fact abandon his residence in the United States during such period.
Absence from the United States for a continuous period of one year or more during the period for which continuous residence is required for admission to citizenship (whether preceding or subsequent to the filing of the application for naturalization) shall break the continuity of such residence, except that in the case of a person who has been physically present and residing in the United States, after being lawfully admitted for permanent residence, for an uninterrupted period of at least one year, and who thereafter is employed by or under contract with the Government of the United States or an American institution of research recognized as such by the Attorney General, or is employed by an American firm or corporation engaged in whole or in part in the development of foreign trade and commerce of the United States, or a subsidiary thereof more than 50 per centum of whose stock is owned by an American firm or corporation, or is employed by a public international organization of which the United States is a member by treaty or statute and by which the alien was not employed until after being lawfully admitted for permanent residence, no period of absence from the United States shall break the continuity of residence if—

(1) prior to the beginning of such period of employment (whether such period begins before or after his departure from the United States), but prior to the expiration of one year of continuous absence from the United States, the person has established to the satisfaction of the Attorney General that his absence from the United States for such period is to be on behalf of such Government, or for the purpose of carrying on scientific research on behalf of such institution, or to be engaged in the development of such foreign trade and commerce or whose residence abroad is necessary to the protection of the property rights in such countries in such firm or corporation, or to be employed by a public international organization of which the United States is a member by treaty or statute and by which the alien was not employed until after being lawfully admitted for permanent residence; and

(2) such person proves to the satisfaction of the Attorney General that his absence from the United States for such period has been for such purpose.
The spouse and dependent unmarried sons and daughters who are members of the household of a person who qualifies for the benefits of this subsection shall also be entitled to such benefits during the period for which they were residing abroad as dependent members of the household of the person.

(c) Physical presence

The granting of the benefits of subsection (b) of this section shall not relieve the applicant from the requirement of physical presence within the United States for the period specified in subsection (a) of this section, except in the case of those persons who are employed by, or under contract with, the Government of the United States. In the case of a person employed by or under contract with Central Intelligence Agency, the requirement in subsection (b) of this section of an uninterrupted period of at least one year of physical presence in the United States may be complied with by such person at any time prior to filing an application for naturalization.
 
Last edited by a moderator:
loveoklahoma said:
Obongo; For the sake of puting an end to this question, below are the exact wordings of § 1427. Requirements of naturalization. Do your homework professor; read carefully and draw your own conclusions...

Thanks for the information. However, the whole point of message boards is to learn from one another and pool our experience when dealing with the INS.
If you think there is no scope for interpretation issues with the rules,
then your sadly mistaken. Sharing this information is vital for us immigrants. Consider my situation, I could apply straight
after getting a Ph.D. for the outstanding researcher GC . Now some of these
applications are getting turned down. No rule changes, just interpretation
on the INS behalf of what is an outstanding researcher.

I'm going to go to the information desk of my local INS office and ask them.
I'll then post the results to this board. If anyone has had any experience
with being absent from the U.S. *after* filing for the GC and *before* the interview then please share your experience.

Thanks for everyone's help. Live, learn and share!
 
Last edited by a moderator:
Top