maintaining continuous residence, live out of US family/medical reason for 18 month

A

amallige

Registered Users (C)
Hello,

I have few questions about maintaining "continuous residence" status for applying for citizenship later.

I received Green Card in April 2007,
I have been living in USA since then continuously and employed here.
I would like to go to India from this June 2010 for almost 18 months years for family/medical reason.
(medical reason is : I am diabetic, planning to take different type of treatment in India.. I am not sure
whether to mention this reason to Immigration, does this help my case or creates issue)
Is there anyway I stay outside USA and become eligible for citizenship in 2012 April.(that is 5 years from 2007)
I can not take job transfer, I have to quit the job here in USA and take a new job in India.
I read the USCIS naturalization requirements. I am willing to come to US once in every 6 months for a week or two for period of 18 months .

Will that be enough for citizenship?
Will I face any issue during my entry into US at port(by immigration officer)?
Do I need to apply for Re-entry permit?
If I apply for re-entry permit and travel to US once in every 6 months? what will happen to re-entry permit?
Other than job transfer is there anyway I can apply for N-470 ?

Few other points:
1. I don't own property in USA
2. I will file tax and maintain USA address by giving friend's address
3. I will maintain US bank account and credit card

Please help me by suggesting what should be the better way.

Thanks.
 
I do not want to break the continuos residency, willing to come to US once in every 6 months. But will that be enough?
 
No it is not. Continuous residence means that you actually live in the US for the majority of your time. 2 weeks every 6 months is not the majority of your time. What you plan to do will put your GC at risk.

As for your reason: I don't think it matters to USCIS why you leave, but I do believe there is excellent treatment for diabetes here in the US and there is no medical reason for you to leave.
 
Get a reentry permit to preserve your GC over the 18 months. But don't think that stepping into the US once every 6 months for a short time will preserve continuous residence towards citizenship.
 
Last edited by a moderator:
Kariboo said:
As for your reason: I don't think it matters to USCIS why you leave, but I do believe there is excellent treatment for diabetes here in the US and there is no medical reason for you to leave.
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The OP mentions a "different" type of treatment. If it's experimental, it's not necessarily available in the US.

And if the treatment exists here, it would be unaffordable for most who don't have good health insurance.
 
Thanks for the reply.

Yes it is a different type of treatment( not english medicine) it is Ancient Indian treatment (Ayurvedic).

So just by having re entry permit, does that count towards my continuous reseidence? as I said I don't mind coming to US every 6 months.
 
the best way will be to get a Re-entry permit and return after 18 months of treatment, u dont have to return for any reasons and once your back, wait for 4 years and 1 day and then send in ur N400, make sure have satisfactory evidence to prove that urn 18 month trip was temporary. If you mention that u were working in india, it would certainly work against u, but for the record let that get swept under the rug.
 
amallige said:
what us 4 years and 1 day rule?
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if you have been a resident and and u secure a re-entry permit, and have a trip and return before its 24 months since departure, you are eligible to apply after 4 years and 1 day since ur return, provided that u dont have any other long trips that break the continuous residence requirements and also you have 30 months of physical presence. CFR 316.5(c)(1)(ii)


in other words, instead of the clock resetting and waiting for the whole 5 years, it lets u use certain amount of time(364 days) towards completing 5 year continuous residence.
 
Thanks for your comments..

Are there any options for me to go out of US for 18 months(with trips in between every 6 months) to get citizenship in 2012.
I got my GC in April 2007, planning to leave US in June/luy of this year.

How about if I find a other job in US and they transfer me to India(I know this is remore chance in this economy).. I am trying to list out all the options before giving it up.

Please comment.
 
to preserve residency the stay abroad for immigration purposes is dealt by N470, look into that and see if you qualify. making trips every 6 months, does preserve ur GC, but if u apply for naturalization with back to back trips it might make them question ur intent to live in america. The worst case scenario but there is just a 1 % chance of this happening, they can take u to a judge and prove that ur intention is not to live and reside in america, that puts ur gc in jeapordey, take away ur gc and have u reported. but its a very nano chance for that.
 
Are there any options for me to go out of US for 18 months(with trips in between every 6 months) to get citizenship in 2012.NO
 
amallige said:
Thanks for your comments..

Are there any options for me to go out of US for 18 months(with trips in between every 6 months) to get citizenship in 2012.
I got my GC in April 2007, planning to leave US in June/luy of this year.

How about if I find a other job in US and they transfer me to India(I know this is remore chance in this economy).. I am trying to list out all the options before giving it up.

Please comment.
Click to expand...

well the citizenship isnt a hand out, u have to earn it!
 
amallige said:
How about if I find a other job in US and they transfer me to India(I know this is remore chance in this economy)..
Click to expand...

Yes, if you can get hired by a US company and you get an approved N-470 on that basis, you can spend the entire 18 months abroad working for them and still accrue eligibility for citizenship (provided you also get a reentry permit to preserve the GC). However, you have to be careful about this, as there are some employers with physical offices in the US that are not really considered to be a US company, due to the extent of their foreign ownership.
 
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