In School in India+green card(2 1/2 yrs), how to prect green card ?

[winthan]

Ofcourse, I will produce the documentation at the time of re-entry time about their admission documents...circumstances leading to join in india etc. Also, I know you are all not attorneys but I believe an experienced patient is better than a new doctor....

Well, please don't produce any fake documentation from India, if you lies to USCIS with some other documentation, that will be more troubles for them... Here, every documentation can be trace and track.

Well, regarding about RP, I will let you know some words, if they applied for Reentry permit, they will only get 2 years valid travel document. Actually it is just liked 1 year and half valid though if you calculate processing times for mail and renew dates. They can renew it before 3 months if it is going to be expired.

Even if they got RP, they can stay up-to 1 and half year with it actually. they can stay as much as they like till 3 month before RP expired indeed.

But Staying out more than 6 months will get in to troubles. if 11 months out from US every years, that sound like too many strange look expression faces from CBP they will see and they will be taken and being ask for questions when they arrive.

if they come back for RP, RP processing time is about 3 months too. So, you should apply for RP in advance 1 month before they are coming from India.

Well, I still do have problems like your kids, so better decision is waiting with extra patient for the day to become citizen order to go out like freedom bird.

However, my suggestion is bringing them back to State if they can't lose the GC and they don't want to lose the chance of US Citizenship.

 

[sreeleshk]

Hi, the case beeing discussed is very much similar to mine...... You have nothing to worry about practicing in USA, I did my MBBS in India and went through the rest here and I am practicing fine, let that not be the topic of discussion.

I got my GC in 2003 while i was doinhg my Medicine in India, after a year i returned to America stayed here for lik 3 months, and left. After a year I returned to America in 2004 stayed in USA for a month and a half, secured a Re-entry Permit and left, only to come back after my graduation in 2006 FEB, I am here in America and after that i had made trips to India every year not esceeding 180 days. My Clock reset and started counting from the 2nd of FEB 2006. (after which I had no trips of more than 180 days) and I have to wait 4 years and 1 day ( as the 364 days prior to my entry in FEB 2006 -your case would do the same too, 364 days will be counted) towards continous Residence. and after completing 4 years and 1 day , you are considerd as a resident for 5 years and if you meet the criteria of 30 months physical presence (physically present in USA), you could apply for naturalizatyion...

BUT MY QUESTION IS , CAN YOU APPLY 3 MONTHS (90 CALENDER DAYS) IN ADVANCE.

NOTE: for 364 days to be counted you have to have a Re-Entry Permit.

Hi Everyone,

I am having trouble assessing my eligibility as of when I could apply (Applying at the earliest is what I intend to do if I qualify). My case is not a very typical one so I am finding it hard to get insight on the issue.
_______________________________________________________________________________________________________________________
1) The USCIS local office told me that I wouldn’t qualify till FEB 2011, and as a GC holder can apply 90 days ahead of their 5th anniversary I could apply in Nov 2010

2) My Lawyer mentioned that I could apply in the November 2009, 90 days ahead of my completion of 4 years and 1 day.

3) The USCIS phone representative informed me that I will only be eligible to apply upon completion of 4 years and 1 day and cannot apply 90 days in advance, so it will be in Feb 2010.
_______________________________________________________________________________________________________________________

My Case:

I had been granted a PR on 02/20/2003. After that I had made several trips (as I was still doing my bachelor's degree in my native country).
The following are the details of my trips


02/20/2003 Became a permanent Resident (arrived in America).
05/24/2004 Left for native country (to continue with college).
02/27/2004 Arrived In America.
05/20/2004 Secured a Re-Entry Permit and Returned back to my native country to continue with my college.
02/02/2006 Arrived in America.
05/19/2007 Left America to native country.
11/08/2007 Returned to America
07/29/2008 Left to Native Country (got married to a citizen of my native country).
10/16/2008 Returned back to America.
03/03/2009 Left to Native Country.
05/13/2009 Returned to America

I had stayed outside the country

279 days on my first trip.
623 days on my second trip.
173 days on my third trip.
79 days on my fourth trip.
77 days on my 5th trip.


I do not wish to make any further trips till I am granted citizenship. I already meet the 30 months stay in America (Physical Presence) but I am confused of how my 5 years CONTINUOUS RESIDENCE works out. What I have understood reading the naturalization guide is that my condition is very similar to the example scenario on page number 23 of the naturalization guide; I quote from the guide M-476,

++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
“Continuous Residence” Example

• An applicant became a Permanent Resident on January 1, 1994.
• She lived in the United States for 3 years, then returned to her native country for 1 year and 3
Months.
• She got a Re-entry Permit before leaving the United States so that she could keep her Permanent
Resident status.
• The applicant re-entered the United States with Permanent Resident status on April 1, 1998.

Question: When is the applicant eligible for naturalization?

Answer: On April 2, 2002, 4 years and 1 day after she returned to the United States. The last 364
Days the applicant was out of the United States count toward her time as a Permanent
Resident in “continuous residence,” but the 3 years in the United States before leaving do
Not.
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

I can relate to this example if so, will I qualify upon completing 4 years and 1 day (5 years -364 days The last 364 days the applicant was out of the United States count toward the time as a Permanent Resident in “continuous residence,” - from the above example) after my entry to America in 02/02/2006 (after which I had no trips longer than 6 months, and I do meet the 30 months stay in America). If this is the case I would be eligible by 02/03/2009. Can I apply 90 days in advance? On 11/05/2009. ?

I had 3 contradicting answers to these questions as I have stated on the top.




_______________________________________________________________________________________________________________________
1) The USCIS local office told me that I wouldn’t qualify till FEB 2011, and as a GC holder can apply 90 days ahead of their 5th anniversary I could apply in Nov 2010

2) My Lawyer mentioned that I could apply in the November 2009, 90 days ahead of my completion of 4 years and 1 day.

3) The USCIS phone representative informed me that I will only be eligible to apply upon completion of 4 years and 1 day and cannot apply 90 days in advance, so it will be in Feb 2010.
_______________________________________________________________________________________________________________________


* I had never failed to file my taxes in America after becoming a Permanent Resident (My father had included me under his taxes till the year 2006, as I had no Income)

*I had not enlisted in selective services (I didn’t not know about it and I was in my native country at most of the time). Will that in anyway cause any issues in my naturalization. I am born in 1980, like I mentioned above I became a Permanent Resident when I was 23 years old, and was out of the country for other than brief amounts of time till my 26th birthday.


If I am to apply on 11/05/2009 for N400 (Naturalization) Will my case be denied or will it be rejected. Will I lose the $675.00 that I pay as the fee? Or will they ask me to wait for more time?

 

[winthan]

*I had not enlisted in selective services (I didn’t not know about it and I was in my native country at most of the time). Will that in anyway cause any issues in my naturalization. I am born in 1980, like I mentioned above I became a Permanent Resident when I was 23 years old, and was out of the country for other than brief amounts of time till my 26th birthday.

You must join to selective services since you become a PR at the age of 23 years old. After getting of Selective Services info card, then think about applying N400.

 

[sreeleshk]

R u serious of selective services?

 

[sreeleshk]

thanks

You must join to selective services since you become a PR at the age of 23 years old. After getting of Selective Services info card, then think about applying N400.

i dont know how this happened but i verified with the website of selective services, it shows me registered in 2007, they must have sent me the documents about the registration, but i was back in my native country, so it would have been either undelivered or lost. io have requested for another one.

 

[sreeleshk]

thanks winthan for the help

 

[Jackolantern]

The 90-day headstart does not apply to the 4 year + 1 day rule. You have to wait out the entire 4 years and a day.

 

[winthan]

i dont know how this happened but i verified with the website of selective services, it shows me registered in 2007, they must have sent me the documents about the registration, but i was back in my native country, so it would have been either undelivered or lost. io have requested for another one.

Well, that is just a piece of acknowledgment paper like SSN, but it is not actually look like SSN . It has double detachable/fold-able document. One side has your Selective service number ( XX-XXXXXX-X ) and date of birth. and other side has your social number and your SSS form 3A action date.

Hope you get it soon.

 

[sreeleshk]

Thanks

Well, that is just a piece of acknowledgment paper like SSN, but it is not actually look like SSN . It has double detachable/fold-able document. One side has your Selective service number ( XX-XXXXXX-X ) and date of birth. and other side has your social number and your SSS form 3A action date.


Hope you get it soon.

Thanks for all the help, I had requested for the proof of registration through their automated phone system, it said I should get it in 7 to 10 business days.

so once i complete 4 years and 1 day I am all set ?

would you advice me to file for my spouse's i-130 now and have it upgraded upon becoming a citizen ?

or

is it better for me to wiat to become a citizen first and then apply.

what would be the fastest (faster) way for that to work. or are the time frames similiar ?

Also, due to several trips and stay aborad, is it going to be an issue for me to demonstrate and prove my intent to stay, work and live in the USA

 

[winthan]

so once i complete 4 years and 1 day I am all set ?

You have broken the continues resident after your second trips according to act of Naturalization Process. You have to start counting the days from the continue resident day you arrived from second trips. Before you apply for Naturalization your physical presents should in US about 30 months in 5 years.

would you advice me to file for my spouse's i-130 now and have it upgraded upon becoming a citizen ?

or

is it better for me to wait to become a citizen first and then apply.

what would be the fastest (faster) way for that to work. or are the time frames similiar ?

Well, If I were you, I will start filing your spouse's i-130 since I got marriage certified some services center process quickly, some of my friends who are PR brought their spouse within 4 months they filed for processing. If the processing taking time, you can also upgrade it upon becoming a citizen too.

Also, due to several trips and stay aborad, is it going to be an issue for me to demonstrate and prove my intent to stay, work and live in the USA

So, please don't over stay more than 1 years. That will again break your continues resident. too many trips outside the US will make your days counting less too.

 

[winthan]

(i) if they can come once in 6 months...they can retain green card or apply for citizenship.
or
(ii) if then can come once in 11 months(two times)....they can retain green card. By this time they will complete 4 years of stay. Next time they will come after 6 months(by this time...4 and 1/2 years) will be completed. They are eligible apply for citizenship.

Yes, they are true. if you want to chose second choice, apply GOES (Global Online Enrollment System) to expedite the screening and processing of low-risk entering the United States. that will cost only $100 and can be apply at CBP. So, your kids will not taken to secondary room every time they come back from India.

 

[sreeleshk]

You have broken the continues resident after your second trips according to act of Naturalization Process. You have to start counting the days from the continue resident day you arrived from second trips. Before you apply for Naturalization your physical presents should in US about 30 months in 5 years.


Well, If I were you, I will start filing your spouse's i-130 since I got marriage certified some services center process quickly, some of my friends who are PR brought their spouse within 4 months they filed for processing. If the processing taking time, you can also upgrade it upon becoming a citizen too.



So, please don't over stay more than 1 years. That will again break your continues resident. too many trips outside the US will make your days counting less too.

I thought all along that when a PR files a peition for their spouse it takes 3-4 years for it to be alloted a visa number and overall processing from the date of petitioning i-130 to actual obtaining the visa would take 4-5 years.....

Like you had mentione, I could upgrade it later, ... whats making me confused is that certain people advised me petitioning i-130 after becoming a citizen is faster ( even though i wil be eligible to apply forN400in Feb 2010) as the visa number is allotted redily as it for "immediate relative" of the Citizen.

 

[winthan]

I thought all along that when a PR files a peition for their spouse it takes 3-4 years for it to be alloted a visa number and overall processing from the date of petitioning i-130 to actual obtaining the visa would take 4-5 years.....

Indeed, depend on your cases file, USCIS is very kind and very fast at processing for family reunion. So I suggest that you can file your spouse any time you can. If they do take a year then, you can upgrade yours file when you got citizenship. So, it is just like win-win condition for you. But please be mind, depend on your cases, they will decide for you.

Well, By the way, the person who brought his family was a political asylum, and they have been marriage for a long time.

 

[Jackolantern]

I thought all along that when a PR files a peition for their spouse it takes 3-4 years for it to be alloted a visa number and overall processing from the date of petitioning i-130 to actual obtaining the visa would take 4-5 years.....

That is correct. Winthan must be referring to people who were already married before their green cards were approved, and the spouse followed within a few months as a derivative beneficiary.

Like you had mentione, I could upgrade it later, ... whats making me confused is that certain people advised me petitioning i-130 after becoming a citizen is faster ( even though i wil be eligible to apply forN400in Feb 2010) as the visa number is allotted redily as it for "immediate relative" of the Citizen.

Since you are so close to being eligible for citizenship, it is better to just wait until you are a citizen and then file the I-130 so your I-130 is associated with your citizenship status from day 1. If filed as a permanent resident, the I-130 will go into a slower queue and they won't do anything with it anyway for the next 1 or 2 years, then you'll have to get it upgraded after you become a citizen. The upgrading can be a big hassle if your spouse is not filing I-485.

 

[winthan]

That is correct. Winthan must be referring to people who were already married before their green cards were approved, and the spouse followed within a few months as a derivative beneficiary.

Since you are so close to being eligible for citizenship, it is better to just wait until you are a citizen and then file the I-130 so your I-130 is associated with your citizenship status from day 1. If filed as a permanent resident, the I-130 will go into a slower queue and they won't do anything with it anyway for the next 1 or 2 years, then you'll have to get it upgraded after you become a citizen. The upgrading can be a big hassle if your spouse is not filing I-485.

Yes, Jacko is right. He has been marriage and got a kid before his GC were approved. So, just wait till you become a citizen, if you don't want to upgrade. As Jacko said, the upgrading can be a big hassle if your spouse is not filing I-485.

 

[sreeleshk]

Jackolantern, Winthan

That is correct. Winthan must be referring to people who were already married before their green cards were approved, and the spouse followed within a few months as a derivative beneficiary.


Since you are so close to being eligible for citizenship, it is better to just wait until you are a citizen and then file the I-130 so your I-130 is associated with your citizenship status from day 1. If filed as a permanent resident, the I-130 will go into a slower queue and they won't do anything with it anyway for the next 1 or 2 years, then you'll have to get it upgraded after you become a citizen. The upgrading can be a big hassle if your spouse is not filing I-485.

Now I am in more dilemna, When am I to file I-485. ?

The course of events i had in mind are

1) file I-130

a) may be now being a PR and have it upgraded later upon becoming a citizen.

b) may be file I-130 after becoming a citizen


(As the I-130 is already with them) File for a K3, Bring m Wife here ( I believe thats the fastest possible way) and adjust status later ater she arrives and after her its ready. -

Is that done by filing I-485 ?
Have I understood he process properly ?


Please advice

 

[Jackolantern]

You could directly go for a green card via the consular processing, instead of K-3 followed by I-485. That way she would become a permanent resident on the first day she arrives in the US with an immigrant visa.

If you go for the K-3, she might be able to enter the US a few months sooner (depends on the processing times at the consulate in the specific country/city), but it probably would overall take longer and cost more money to obtain the green card, because after entering the US she would have to file I-485 and other associated forms and fees, and do another interview, and wait for the I-485 to get approved.

Filing the I-130 now means you'll later have to communicate with the NVC and/or consulate to get the I-130 upgraded. The problem is that they are often lazy to respond to such requests, and they sometimes don't get back to you to tell you if or when it was upgraded. That could result in some months of delays, and the hassle of communicating back and forth.

If you have more questions, ask in the Family Based Green Cards section:
http://forums.immigration.com/forumdisplay.php?f=39