question about citizenship

J

John Smith 1

Registered Users (C)
i filed for asylee adjustment on feb 2001

my bio is due next week

my question is lets say i got green card on sep 1 2005

when i receive the card it will be backdated sep 1 2004

this mean iam eligible for citizenship on june 2009

the QUESTION IS:


can i move outside the usa to another country ,come back to america once
every 6 month,and then apply for citizenship on june 2009
 
John Smith 1 said:
i filed for asylee adjustment on feb 2001

my bio is due next week

my question is lets say i got green card on sep 1 2005

when i receive the card it will be backdated sep 1 2004

this mean iam eligible for citizenship on june 2009

the QUESTION IS:


can i move outside the usa to another country ,come back to america once
every 6 month,and then apply for citizenship on june 2009
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Hi John,

You will never get to naturalization. See http://uscis.gov/graphics/services/natz/general.htm

William
 
john. yes. just count the date from the time u become PR which indicated on ur GC.


william, plz do not be such a jerk... everyone need help from others here.
 
sicker said:
john. yes. just count the date from the time u become PR which indicated on ur GC.


william, plz do not be such a jerk... everyone need help from others here.
Click to expand...

Hi Sick,

You need to do more research before you bring up the j word. One of the requirement to file your citizenship is that you has been physically present in the United States for at least 30 months out of the previous five year. How can you qualify if you keep staying out of the state. I am here just to provide information and give you some idea what should be followed and done, not to drive you to be a "jerk" that you named it in your post.

William
 
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to william

you are talking about 30 month physical state in usa

if my gc backdted one year ,lets say sep 2004

this`mean i can move outside the country on march 2007
 
John Smith 1 said:
you are talking about 30 month physical state in usa

if my gc backdted one year ,lets say sep 2004

this`mean i can move outside the country on march 2007
Click to expand...

Hi John,

Did you read the source of information about citizenship in my last post. There are other requirements for you to meet in order to apply for naturalization.

William
 
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John Smith 1 said:
i filed for asylee adjustment on feb 2001

my bio is due next week

my question is lets say i got green card on sep 1 2005

when i receive the card it will be backdated sep 1 2004

this mean iam eligible for citizenship on june 2009

the QUESTION IS:


can i move outside the usa to another country ,come back to america once
every 6 month,and then apply for citizenship on june 2009
Click to expand...

Let's take a closer look at your situation:

An applicant is eligible to file if, immediately preceding the filing of the application, he or she:

1) has been lawfully admitted for permanent residence; (You qualify on this criteria)

2) has resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing with no single absence from the United States of more than one year; (Since you come back to U.S very 6 month, you qualify on this criteria too.)


3) has been physically present in the United States for at least 30 months out of the previous five years (absences of more than six months but less than one year shall disrupt the applicant's continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period); ( You probably don't qualify on this criteria even if you come back every 6 moths. The point is total accumulated time length of your presence in U.S is 30 months minimum. In other words, how long are you going to stay in U.S after you come back very 6 month will determine your qualification to Citizenship)


4) has resided within a state or district for at least three months. (You probably qualify on this criteria if you live in U.S. for 3 months minimum after you come back very 6 months.)



Note: any breach out of 4 criterias above will lead to your disqualification to Citizenship.


Hope this would help.
 
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aanl said:
Let's take a closer look at your situation:

An applicant is eligible to file if, immediately preceding the filing of the application, he or she:

1) has been lawfully admitted for permanent residence; (You qualify on this criteria)

2) has resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing with no single absence from the United States of more than one year; (Since you come back to U.S very 6 month, you qualify on this criteria too.)


3) has been physically present in the United States for at least 30 months out of the previous five years (absences of more than six months but less than one year shall disrupt the applicant's continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period); ( You probably don't qualify on this criteria even if you come back every 6 moths. The point is total accumulated time length of your presenct in U.S is 30 months minimum.)


4) has resided within a state or district for at least three months. (You probably qualify on this criteria if you live in U.S. for 3 months minimum after you come back very 6 months.)



Note: any breach out of 4 criterias above will lead to your disqualification to Citizenship.


Hope this would help.
Click to expand...

Hi AA,

You did a good job. I give you another A, make it AAA, which is called Triple A, very valuable bond. Also, most people must live in the district or state in which they are applying for at least 3 months before applying. Please see page 26-29 on http://uscis.gov/graphics/services/natz/English.pdf

William
 
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thank you WILLIAM AND AANL

THANKS TO BOTH OF YOU


I HAVE A QUESTION TO ASK ANY OF YOU

IN THE RESPOND WRITTEN BY WILLIAM,HE MENTIONED THAT I WILL NOT BE ELIGIBLE TO APPLY FOR CITIZENSHIP BECAUSE I WOULD BE VIOLATING CRITERIA NUMBER 4 THAT HE HAS WRITTEN


i understood that i have to be fully living in usa for continuous minimum 30 month without distruption in the 5 years waiting before i apply for citizenship


if i got my gc sep 1 2005,this is only speculation

the card should be backdate sep 1 2004

now,30 month from this date is march 2007,

this mean i can move outside america april 2007,come every 6 month maybe to hawaii or guam ,stay 3 nights ,go back again

and then on year 2009 come back to hawaii 3 or 4 month before i apply for naturalization,live there for a while then i apply for citizenship


and about paying my taxes each year i come and file for taxes


i know this may sound stupied,but i really want to move,i really got tired from 10 years waiting for this asylum drama
 
John Smith 1 said:
THANKS TO BOTH OF YOU


I HAVE A QUESTION TO ASK ANY OF YOU

IN THE RESPOND WRITTEN BY WILLIAM,HE MENTIONED THAT I WILL NOT BE ELIGIBLE TO APPLY FOR CITIZENSHIP BECAUSE I WOULD BE VIOLATING CRITERIA NUMBER 4 THAT HE HAS WRITTEN


i understood that i have to be fully living in usa for continuous minimum 30 month without distruption in the 5 years waiting before i apply for citizenship


if i got my gc sep 1 2005,this is only speculation

the card should be backdate sep 1 2004

now,30 month from this date is march 2007,

this mean i can move outside america april 2007,come every 6 month maybe to hawaii or guam ,stay 3 nights ,go back again

and then on year 2009 come back to hawaii 3 or 4 month before i apply for naturalization,live there for a while then i apply for citizenship


and about paying my taxes each year i come and file for taxes


i know this may sound stupied,but i really want to move,i really got tired from 10 years waiting for this asylum drama
Click to expand...


I think you will be fine with your plan.
 
i want to move to japan

i visited japan 7 times in the last 5 years

i really love tokyo,its the most excited city in the world,

i love the shopping,entertainments,nightlife,and the beautiful womens there
 
John, First get your GC then think of moving somewhere else. I doubt that you will get it in September they way its looking for 2000 and 2001 applicants. The simple rule of a naturalization process is 30 months continuous with no more than 6 months out.

Get the GC and 2.5 years in this country..maybe your mind will change. I think U.S Citizenship is very valuable that I dont think any other country can provide. Before you think of moving think what the future may hold for your children if you have any or will have any..etc.

As to you being tired after the 10 year wait for asylees..I think its just a process that USCIS had to go through...with the quotas..I am pretty sure before applying for asylum, you knew about that but at that time like many others..we just cared to be legal..
 
wantmygcnow said:
John, First get your GC then think of moving somewhere else. I doubt that you will get it in September they way its looking for 2000 and 2001 applicants. The simple rule of a naturalization process is 30 months continuous with no more than 6 months out.

Get the GC and 2.5 years in this country..maybe your mind will change. I think U.S Citizenship is very valuable that I dont think any other country can provide. Before you think of moving think what the future may hold for your children if you have any or will have any..etc.

As to you being tired after the 10 year wait for asylees..I think its just a process that USCIS had to go through...with the quotas..I am pretty sure before applying for asylum, you knew about that but at that time like many others..we just cared to be legal..
Click to expand...

Hi Want,

I like your post. This is really helpful information. So encouraging and impressive.

William
 
Using REP after minimum 30 months stay

Hi All,

Am a new member and would like to contribute and get something from the forum here.

As far as John's case, cant he take REP ( Reentry permit) and leave the country after minimum 30 months stays. I think the REP is valid for 2 years so he can surely come back in 2 years and file for citizenship.

Thanks.
 
OK I hate to be the negative one, but there is one critical thing you have missed and this is the 'intent' of the PR of making USA his/her primary residence.

This means that you will most likely make it through the processing and to the interview, but if they find out you've been traveling back and forth - which is easy because you will be flying in and out (there will be records), then they can challenge that you have abandoned your residency.

By going to Japan and getting a job and home there, you have taken abode or residence in another country. This violates the continous residence clause. Being a continous residence would mean staying out for up to six months - but it being clear that the USA is your primary residence. So perhaps you have a home or a job or family waiting in the USA upon your return. This is a sticky situation and there are MANY cases out there in which people have had their citizenship application denied and their PR status taken away. Please read some of the case law on this subject.

Don't get me wrong... I completely understand your feeling of tiredness and being trapped here for another 7 years. Its aweful and we all go through it with you. I am just saying that if you plan on doing this, please educate yourself and try to do it so that there are no gaps for CIS to challenge you.

Good luck.
 
rapid32 said:
Hi All,

Am a new member and would like to contribute and get something from the forum here.

As far as John's case, cant he take REP ( Reentry permit) and leave the country after minimum 30 months stays. I think the REP is valid for 2 years so he can surely come back in 2 years and file for citizenship.

Thanks.
Click to expand...

Your heart is in the right place - however obtaining and utilizing a re-entry permit starts the citizenship clock all over again. However, instead of waiting another 5 years after his return, he would have to wait 4 years and 1 day before applying for his citizenship. Obtaining a re-entry permit allows you to stay outside the USA for up to 2 years without loosing your PR status - time spent ouside the USA does not count towards citizenship.
 
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