Keeping GC active

K

kanteshg

New Member
Hi,
I am a software engineer who moved back to India in 2008. I lived in the bay area for almost 10 years before I decided to move for family reasons. I got my green card in 2005 just 3 years earlier. Before I left the USA, I applied for a re-entry permit which got approved and the expiry date is around mid-2010. Since I moved I have not travelled to the USA but have filed my tax returns in April last year.

Few questions:

1) I plan to travel to the US in May this year for a few weeks' stay before expiry of my re-entry permit in July. Are there chances of denial of entry for any reason? I also plan to reapply for a fresh re-entry permit while I am there.
2) What are my chances of getting a fresh re-entry permit? Does it require physical presence in the US to reapply?
3) I had completed 36 months in the US with my GC before I moved to India. Do I qualify for naturalization now that I am completing 5 years with more than 30 months of physical presence (2 years outside US though)?
4) Are there other ways of preserving my GC? I can stay in the US longer if it is required.

Please advise. I look forward to your reply.
Regards,
Kantesh
 
#1. Chances of denial of entry - LOW since you are out of US with approval from CIS, so no reason for them to deny re-entry.

#2. Chances of second re-entry permit - depends. They used to oblige for a 2nd permit, but are more restrictive nowadays and might give it only for 1 year.

#3. Physical presence is not sufficient - you also have to maintain continuous residence. This is a complex topic and involves demonstrating you maintained ties to US ... tax returns are just one part of it. What else can you show to say you retained US ties?

#4. Preserving GC - apart from re-entry permit, stay in USA much much longer, or take a chance - your wish. However, you need to think through what your long term plan is - do you want to retain the GC forever without staying in US, or return to US at some point of time?
 
kanteshg said:
3) I had completed 36 months in the US with my GC before I moved to India. Do I qualify for naturalization now that I am completing 5 years with more than 30 months of physical presence (2 years outside US though)?
Click to expand...
No. Spending 12 consecutive months outside the US automatically disqualifies you from naturalization unless you have an N-470 or are in US the military. You have to return to the US and wait 4 years and 1 day to rebuild your eligibility.
 
1) You should have no problems with re-entry, that is what re-entry permit is for.
2) I hear they are being much more strict now with re-entry permits.
3)As Jackolantern said, you have been outside of the US over 12 months so you are automatically disqualified. You would have to come back and re-apply 4 years and 1 day later.
4) Doing the 6 months here, 6 months there will not cut it.
As SanJose said...u need to decide what your long term plans are. You are either a resident or you are not, that is how USCIS looks at it. If you want to become a citizen, you will have no choice but to return and spend the vast majority of your time here for the next 4 years. Once you are a citizen you are free to go back to India for as long as you want.
 
You must log in or register to reply here.
Top