Out of the US for more than 6 months....Need advice immediately....

A

akhanna0791

New Member
Hi,

I got my green card in 2003. Stayed in the US till November 2011 with few vacation trips during this time. I moved back to India mid-November due to father's illness. Unfortunately, he passed away in May 2012. I am planning to go back to US around August end along with my mother (my Mother will be staying in the US with my brother who is a citizen).

Is there going to be any problem with the immigration since I lived outside of US for more than 6 months?

I have fathers death certificate, medical records, dad's obituary etc. I also filed my 2011 tax returns.

I am also planning to become a citizen and plan to start the process as soon as I re-enter US. Will there be a problem with that?

I am concerned. Please let me know your thoughts and suggestions. Appreciate your timely help.

Also, I have booked my return ticket also. Will that be an issue?


Akash Khanna
 
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akhanna0791 said:
Is there going to be any problem with the immigration since I lived outside of US for more than 6 months?
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Since this is your first long trip, you shouldn't have much of a problem with reentering the US, but naturalization requirements are more strict.

I am also planning to become a citizen and plan to start the process as soon as I re-enter US. Will there be a problem with that?
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Don't apply immediately after reentering the US. Wait a few months in the US before applying, in order to dispel the impression that you're still living abroad.

Also, I have booked my return ticket also. Will that be an issue?
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A return ticket that ends up outside the US is a problem (if they ask about your ticket).
 
Thanks Jack.

I have an employment with an US firm based out of texas, but my client is at NJ. I was going to visit my brother in WI and then fly to NJ (INdia - CA - NJ - INdia; I will cancel my return ticket). Is it better to directly go to NJ?

2. More than 6 months stay out of US, would it have caused discontinuity in residence for the naturalization process? Do I need to wait for another 5years or 3/4 months will do since the need to visit India (father's illness) will be taken into consideration?

Thanks again
Akash
 
akhanna0791 said:
I have an employment with an US firm based out of texas, but my client is at NJ. I was going to visit my brother in WI and then fly to NJ (INdia - CA - NJ - INdia; I will cancel my return ticket). Is it better to directly go to NJ?
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Go wherever you want in America. What you need to do is avoid a return ticket that ends outside the US. If you need to go to India again, use a one-way to the US, then after that use a return ticket that goes US -> India -> US.

2. More than 6 months stay out of US, would it have caused discontinuity in residence for the naturalization process? Do I need to wait for another 5years or 3/4 months will do since the need to visit India (father's illness) will be taken into consideration?
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They will use their discretion to decide your continuous residence based on the facts and evidence. We can't predict what they will decide, but you decrease your chances of approval if you apply immediately after a 6+ month trip. Applying right after the trip creates the impression that you have already permanently relocated abroad and now your presence in the US is only to pursue naturalization before leaving again.

If denied for breaking continuous residence, you can reapply 4 years and 1 day after the end of the last long trip.
 
Jackolantern said:
Go wherever you want in America. What you need to do is avoid a return ticket that ends outside the US. If you need to go to India again, use a one-way to the US, then after that use a return ticket that goes US -> India -> US.


They will use their discretion to decide your continuous residence based on the facts and evidence. We can't predict what they will decide, but you decrease your chances of approval if you apply immediately after a 6+ month trip. Applying right after the trip creates the impression that you have already permanently relocated abroad and now your presence in the US is only to pursue naturalization before leaving again.

If denied for breaking continuous residence, you can reapply 4 years and 1 day after the end of the last long trip.
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Thanks Jack. I missed one important fact. My wife and children will not be travelling with me. Is that going to be a big issue?
 
akhanna0791 said:
Thanks Jack. I missed one important fact. My wife and children will not be travelling with me. Is that going to be a big issue?
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If they're not traveling with you because they've been staying in the US, that's a good thing. But if they're still abroad, that counts against you (although this not likely to be an issue for entering at the POE, it's more of a problem during naturalization where they'll more deeply scrutinize the circumstances of your 6+ month trip).
 
Kind of same answer/problem here.

Hi guys,

My mother moved here last September (2011) and stayed here until last March (2012) when she had to go back to the old country. She returned in US on last week of June (2012) and has been here since. Now she needs to go back to Europe to take care some things but she needs to stay there till next July (she has her sister's memorial in end of June and she is old to go and come back before 6 months and go back again, so she wants to just stay there until July). This will make her be out of US for almost 9 months. Will this length of stay out of US be a problem for her green card and / or her return in the US in July? Any advice will be apreciated very much.

Thank you in advance.:)
 
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