Naturalization / Continuos Residency

S

sumit99

Registered Users (C)
Hi there,

I am enclosing the dates which I have in my passport and green card approval etc.
Please let me know when can I apply for naturalization..
And also when can I file Green card for my husband??

Here are the dates : -

Dec 96 Got Green Card (Came to USA first time)

Jan 97 Back to India (ON RE-ENTRY PERMIT For 2 years)

Dec 98 Back to USA

Since then in USA except 2 visits to India (vacation)

According to INS guide to naturalization, I should be eligible after 4 years 1 day..
as they write that last 364 days of ur stay out will be counted towards the requirement for residency..
Some says its not true..
I am confused..
Could you please help me??

thanks
 
No Title

Count you days from Dec \'98 onwards, if you satisfy at least 950 days in US without been out for more than 6-12 months then you may qualify. However with no proper dates i am unable to say.
Please work out the exact number of days you were in and out of USA since Dec \'98 till today.

Best of Luck,
Sanj02
 
No Title

How did this figure of 950 days come??
Nothing I could find in INS resources..
They say 5 years for GC.
please clarify..

Here are the dates : -

Dec 96 Got Green Card (Came to USA first time)

Jan 97 Back to India (ON RE-ENTRY PERMIT For 2 years)

Dec 98 Back to USA

May 14 2000 to May 31 2000 (Out of USA for vacation)

Entered June 1 2000

June 14 2001 to Aug 5 2001 (Out of USA for vacation)

Entered Aug 6 2001
Since then never been out oF US..

Please help..
thanks
 
No Title

Basically you have got to have continuous residency of 2.5 years of the last 5 years after receiving the GC. 2.5 years is equal to approx 913 days, however to be on the safe side i mentioned 950 days.
You cant count the days in Dec \'96 since you were out of USA for 2 years. You have to start from Dec \'98.
However you can also check with a good attorney if you can count the days in Dec \'96. Since its only i guess 30days in Dec \'96, dont see a much of debate there. Further more you have got to have had the GC for at least 5 Years prior to be eligible.

Sanj02
 
October 2002

Let\'s assume you entered the USA on Dec 31, 1998. The previous 364 days (1 year minus 1 day) will count towards your continuous residence requirement (minimum of 5 years) but not towards your physical presence requirement (minimum of 30 months). However, you already meet the physical presence requirement and you stand to meet the continuous residence requirement on Jan 1, 2003 as long as you do not make a trip abroad for more than 6 months in the meantime. Since you can apply for naturalization 90 days before you meet your continuous residence requirement, you will be eligible to apply on or after October 3, 2002; wait until October 10th and you should be fine.
 
Hi Saneja

I was in the same situation where I went back to India on a 2year re-entry permit. The rule which says you have to stay in the US for 4years and 1day is very true. Since you came back in Dec 98, you can apply for your citizenship only after 4 years and 1 day ie. Dec 2002. I applied when it was 3 years 11 months and my application went through but I was asked to withdraw my application on the day of the interview and I had to re-apply and start the process all over again. Again, the 4yr 1 day rule does exist if you are out of the country for more than 6 months.
 
thanks a bunch..

Thanks to all for nice piece of information..
Really appreciate ur help guys..

Actually I asked 1 or 2 attorneys..
They just say that u have to be 5 years as a Green card holder and 2 year for re-entry permit does not count to it..
So I am really confused now..

INS website clearly says this rule abt (4years and 1 day) and now you guys have confirmed it..

Could you please recommend any good attorneys who can understand this case and get this done..??
Please let me know this when u get a chance.

thanks for your help once again
 
No Title

No, Actually I did not...
How can I contact him to get his free consultation on this matter??
and if I can do this..I will be happy to hire him for this case..
as I always prefer dealing with INS thru attorney\'s

Please let me know.
thanks
 
ada: meeting the requirements for continuous residence

If you and your son are not away for more than 6 months at a time, you would probably be okay. Note that this is merely a necessary condition and by no means a sufficient condition and so there is no guarantee that you will not be hassled at the port of entry by an INS agent. Your husband continuing to reside here is certainly a point in your favor but I am not sure that that alone is adequate.

In the worst-case scenario, should you and your son lose your green cards, then once your husband becomes a citizen he can sponsor you for permanent residency again. As immediate relatives you should get your cards fairly quickly. Your son (assuming he is a minor) will be a citizen the day he enters the country as a permanent resident; you will have a 3-year wait.

For something as important as this, I would recommend your consulting an attorney.
 
check time totals

When a permanent resident spends more time outside the United States than inside, it becomes very difficult to demonstrate compliance with the residence requirements for naturalization. When the permanent resident spends 5 months outside of the United States of every 6 months, it becomes increasingly difficult to demonstrate that permanent residence has not already been established in the other country. When this is the permanent resident\'s country of birth, it is more difficult to maintain permanent resident status.

It will be your responsibility to demonstrate this each time you attempt to return tot the United States. Same issues for the children.
 
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