How to sustain my gc status? Help please!

C

chlsy8

New Member
Dear all,

I am having some problem in deciding what to do with my green card status. I am coming here to seek help since by reading a lot of posts here I found you guys very knowledgeable and helpful.

I am green card holder starting July 2006. Its application was employment based, and under EB1b category. Currently my husband needs to go to North Africa for 10 months starting this coming September. I want to go with him but at the same time am very worried with my green card status and future citizenship application.

As I understand (please correct me if I am wrong), if you stay out of US for more than a year continuously, you need to apply any re-entry permit; however, you have to restart your accumulation of 5 years period for citizenship application. If you stay out of US for less than half a year (1 day to 179 days), you don't need to apply re-entry permit and won't lose the accumulation of 5 years for citizenship application.

Here is my plan, I plan to quit my job, go with him out of the U.S. this coming september, come back to the U.S. for Christmas in December. Then go with him again in late January and come back to the U.S. in June. My concerns are:

1. How does USCIS calculate time out of the U.S.? Is it through the Jan. 1st of year towards Dec. 31st? or is it calculated by the date you green card status started, which in my case, is July 2006 to july 2007, then from july 2007 to July 2008, and keep going like this? If the latter case is true, my plan won't work since from July 2007 to July 2008, I will stay out of the U.S. more than half a year and I would hate lose two years time for my citizenship application.

2. Since my green card application was employment based, will my quitting my job influence the citizenship application?

3. If I stay out of the U.S. less than half a year per year, do I still qualify for citizenship application? Or I need to wait a full 5 year time period staying in the U.S. after green card grantee to start application?

Thank you so much for reading this. Any kind of help will be greatly appreciated.

Best regards,

Ashna
 
1. it would be date printed on your greencard, july 2006 in your case
2. if your employer fires you the day after GC approval, you have genuine reason (no worries), otherwise generally one would atleast wait 6mo to year before quitting.
3. you keep your visits out of usa less than 6 mo AND you physically are present in usa for 30 months AND you wait atleast 4 yrs 9 mo before applying ... now these are the rules ... some people have gotten by it, but thats bit taking unnecessary risk. You could easily devise a strategy to spend time with your husband overseas (which by the way is great you are doing), and at same time satisfy the above rules ... just some creativity plus a spine needed.

cheers!
 
Thanks so much, litmu!

It seems that I am going to get in trouble - if July is the start date of a calendar year in my case, my leave out of the U.S. from July 07 to 08 is going to be more than 6 months (roughly 9 months). Do you think I need to apply re-entry permit to come back to the U.S. if that is the case? I would hate it if the re-starting of 5 years happends - I might need to change my plan :mad:

Ashna

litmu said:
1. it would be date printed on your greencard, july 2006 in your case
2. if your employer fires you the day after GC approval, you have genuine reason (no worries), otherwise generally one would atleast wait 6mo to year before quitting.
3. you keep your visits out of usa less than 6 mo AND you physically are present in usa for 30 months AND you wait atleast 4 yrs 9 mo before applying ... now these are the rules ... some people have gotten by it, but thats bit taking unnecessary risk. You could easily devise a strategy to spend time with your husband overseas (which by the way is great you are doing), and at same time satisfy the above rules ... just some creativity plus a spine needed.

cheers!
Click to expand...
 
I just checked the USCIS webpage. In fact they have quite detailed guide for naturalization. One thing I found out is that they never mentioned that you have to stay in the U.S. for more than 6 months PER YEAR, they only mentioned that you can't stay out of the U.S. for more than 6 continuous months. That solved my problem, I guess, since I am NOT going to take a trip out of the U.S. that is going to last more than 6 months, but i am going to take 2 trips in one year with one trip for 3 months and the other for 5 months.

Of course, I need 180 months physical stay in the U.S. in 5 year period.

Another finding: you do NOT need to work or employed to get naturalization. Another relief - woo!

Correct me if I am wrong though ;)

Good luck to all,

Ashna
 
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