obtaining citizenship - 2.5 year rule

R

rk mr

Registered Users (C)
My GC has been approved for 1.5years now. I would like to
take up a position in India for a couple of years.
Will this delay my citizenship as I have to restart 5 years after I
return? Or is it better to take this job up after another year(total 2.5 years on GC) ?

This 5year rule for stay after GC for citizenship eligibililty says that 2.5 years of them have to be in residence. The other 2.5 years is not clear.

Thanks for your help

- rkmr
 
To further clarify what the others have posted as responses, the INS rules require that you fulfill the following conditions in order to apply for naturalization:
a) Have spent at least five years as a permanent resident (though you can file your application ninety days before the five year anniversary).
b) Been physically present in the US for 2.5 years out of the last 5 years.
c) Not had any absence of more than six months from the US.

There are some other nuances to these rules, and they are different for people filing as a spouse of a US citizen. With regard to your question, all three will apply, and from a practical standpoint, they require that you have actually lived in the US for the better part of each year. The only way that you may get around this (hypothetically) is that you spend at least 2.5 of the five years in the US, and then take this job but make sure you visit the US every six months (to satisfy item "C" above). The reality, though, as also pointed out by Joe F, is that the INS will likely see that as unusual and may consider you as having left the US. A fully qualified lawyer (and I'm certainly not one) will be able to tell you the realistic possibilities of doing this.

Hope that helps.
 
Thanks for the clarifications.

I plan to take the 2 year re-entry permit with my GC. Some
interpretations (and these may be wrong) suggest that this
permit can override the "not have an absence of over 6 months" rule for citizenship.

The alternative is to do what it takes to maintain GC and think
of citizenship separately. This may entail living in the US for
5years when I return.

Regards.

rkmr.
 
if u are leaving, pls file tax return for the year u are gona be away, that will serve as part proof u did not intend to abandon ur PR
 
Very good Advice JoeF, Rahul, Singh, etc.

You bring up a good point on filing resident taxes. I understand that there is a tax treaty between India and US. SO I will be filing in the US but hopefully not paying a lot. Any light on this?

Thanks.
 
I had gotten my GC in July 2000.

I am assigned to HK-CHINA from Jan 2002. My company have filled N 470 and I 130 which was approved.

My lawyer says the years I will spend outside of US will be counted against my citizenship.

Does anyone have any experience with the same and if so pls share the info....
 
NJ,

You will still have to be in the US physically every year to maintain
one of the conditions. I myself am hoping to do that every year(visit and stay in US for sometime every year; and not stay outside for a continous stretch of a year)

JoeF, and others, What does the N470 do? Isn't a 130(re-entry permit) enough?

Thanks.
 
JoeF.

I can satisfy the requirements for N-470: already spent one year on PR in the US; US employer too.

Does this mean I can return few years from now (maintaining eligibilty for naturalization and PR at all times by not satying away for more than a calender year) and be eligible in 30months for naturalizaton?

Thanks again. This list of posts have been extremely useful. Ofcourse lawyers will be involved..
 
Make sure your employer is of 'National interest'. Remember JoeF mentioned employer who is "engaged in the development of foreign trade and commerce" .

Good luck.
 
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