OCI and Indian Central University/Government Teaching job

[mogambo1]

My friend is an Indian citizen on a GC working in Indian Central University as full time government servant. She wants to apply for USC next year followed by OCI card.

At the time of hiring, the Indian Central University (partly under Indian government control) did not ask to prove Indian citizenship or asked a copy of Indian passport. Neither the legal document signed on Indian Stamp Paper had any mention that the person should be Indian citizen at the time of appointment or should remain Indian Citizen during entire course of University/Government Service. So in such situation is it alright to apply for US citizenship followed by US PP followed by Indian OCI and continue working in India? What could be drawbacks and legal consequences of doing this way.

BTW the only reasons to continue with Indian central university/ government job is that she does not have a US job, her father is a cancer patient and mother old enough to be taken care and Indian job is permanent.

Thanks for your replies.

 

[JPBoston]

Not really sure how this would pan out but if your friend becomes a US citizen, she can apply for OCI and that should allow her to work in that job. However even before she gets to that place, something tells me your friend is going to have problems getting US citizenship since she is living and working fulltime in India even though she has a GC. The State Dept probably will revoke her GC if she applies for citizenship because she is no longer living permanently in the US.

 

[mogambo1]

Well I see her here in USA in every university vacation every year like:

(1) 1-2 weeks spring break (March end to early April) every year
(2) 2months in summer vacation (May to July) every year
(3) 1 month in winter vacations (Early December to Early Jan) every year
Approx 3.5 months in USA

That puts her outside USA for the following periods/ durations
(1) 3months (Jan/ Feb/ March)
(2) 2 months (April/May)
(3) 5 months (July/Aug/Sept/Oct/Nov)
Approx 9.5 months outside USA ever year. But not a single trip of more than 6 months long for last 2 years since her family problem started. First 3 years on GC were of continued stay with an occasional 1 month long visit.

Not really sure how this would pan out but if your friend becomes a US citizen, she can apply for OCI and that should allow her to work in that job. However even before she gets to that place, something tells me your friend is going to have problems getting US citizenship since she is living and working fulltime in India even though she has a GC. The State Dept probably will revoke her GC if she applies for citizenship because she is no longer living permanently in the US.

 

[JPBoston]

Your friend is clearly living outside the US and her coming back for a few months every year to "retain" her GC will not cut it. She is lucky that they have not revoked her GC upon arrival here because they can if they realize this. You better go over to the US Citizenship forum and ask whether your friend can even apply for citizenship. She fails the continuous residence requirement for naturalization in my opinion.

 

[mogambo1]

I think your thinking is not entirely true but I will convey your opinion to her. Also since she is maintaining her US contacts like her immediate family is here during all this time, she is a co-lessee on her apartment lease and has a consultancy job, has credit cards and bank accounts, pays US taxes etc so I think it would be matter of proving her case with appropriate documents and hardship she has to go through (at the time of interview).

Your friend is clearly living outside the US and her coming back for a few months every year to "retain" her GC will not cut it. She is lucky that they have not revoked her GC upon arrival here because they can if they realize this. You better go over to the US Citizenship forum and ask whether your friend can even apply for citizenship. She fails the continuous residence requirement for naturalization in my opinion.

 

[JPBoston]

I think your thinking is not entirely true but I will convey your opinion to her. Also since she is maintaining her US contacts like her immediate family is here during all this time, she is a co-lessee on her apartment lease and has a consultancy job, has credit cards and bank accounts, pays US taxes etc so I think it would be matter of proving her case with appropriate documents and hardship she has to go through (at the time of interview).

I think your friend may have a tougher time than you think. Taking a job outside the US when on GC status can be viewed as having abandoned your LPR status. I'm skeptical that your friend can naturalize based on what you stated but who knows, she may be able to claim an exemption based on hardship or something. Again, you/your friend should consult with the experts in the US Citizenship forum of this website for better advice than mine.

 

[gcbayarea]

Your friend is not eligible for citizenship. See the criteria at
http://www.uscis.gov/portal/site/us...nnel=86bd6811264a3210VgnVCM100000b92ca60aRCRD


Eligibility Requirements

If you are a green card holder of at least 5 years, you must meet the following requirements in order to apply for naturalization:

- Be 18 or older
- Be a green card holder for at least 5 years immediately preceding the date of filing the Form N-400, Application for Naturalization
- Have lived within the state, or USCIS district with jurisdiction over the applicant’s place of residence, for at least 3 months prior to the date of filing the application
- Have continuous residence in the United States as a green card holder for at least 5 years immediately preceding the date of the filing the application
- Be physically present in the United States for at least 30 months out of the 5 years immediately preceding the date of filing the application
- Reside continuously within the United States from the date of application for naturalization up to the time of naturalization
- Be able to read, write, and speak English and have knowledge and an understanding of U.S. history and government (civics).
- Be a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States during all relevant periods under the law

 

[Jackolantern]

BTW the only reasons to continue with Indian central university/ government job is that she does not have a US job, her father is a cancer patient and mother old enough to be taken care and Indian job is permanent.

If the Indian job was a fixed contract like 1 year and she returned to the US at the end of it she might have had a decent chance at US citizenship. But spending 9.5 months per year working outside the US for a foreign corporation or government in a permanent job will cause her US citizenship to be denied for breaking continuous residence. If she's been working like this for multiple years, denial for physical presence is also possible (depending on the exact number of days she's spent outside the US in the past 5 years).

Criteria for maintaining the green card are less strict, so she might still be able to keep her green card, but she almost surely won't get US citizenship for a long time.

 

[mogambo1]

Thanks, but that seattleguy arguing over 913 days or 897 days and blaming USCIS for miscalculating the days outside USA is even the worst case scenario one can think of. While he is saying and maintaining in almost every post that he has ample evidence of NOT breaking continued residency requirement and even for physical presence he is quoting various formulas whether to count 1/2 days of departure and arrival in USA be treated as 1 full day gives me hope which I think will convey to her.

If the Indian job was a fixed contract like 1 year and she returned to the US at the end of it she might have had a decent chance at US citizenship. But spending 9.5 months per year working outside the US for a foreign corporation or government in a permanent job will cause her US citizenship to be denied for breaking continuous residence. If she's been working like this for multiple years, denial for physical presence is also possible (depending on the exact number of days she's spent outside the US in the past 5 years).

Criteria for maintaining the green card are less strict, so she might still be able to keep her green card, but she almost surely won't get US citizenship for a long time.

 

[RIJU77]

Opportunity Cost Information (OCI) is crucial for evaluating Indian Central University and Government teaching job offers. Factors like salary, benefits, and career growth potential should be weighed against non-monetary considerations such as work-life balance and professional development opportunities. Making an informed decision requires thorough research and careful consideration of both financial and personal implications.