Question on Green Card after moving to India and my daughter's citizenship

swarup

New Member
Hello all:
I have a question on my green card status after moving to India. My company is moving me to India next month. I got my GC 7 months back. My questions are : -

1. How to keep my GC alive after moving to India? Do I need to come back to US every 6 months or 1 year to make sure my GC is not cancelled? Please let me know the process. Can I do the same from India to save my trip to US? Or I have to visit USA for the same?

2. My daughter is born in USA. Can she have dual citizenship - India and US both at the same time? What is the process to follow to get dual citizenship?
Pls advise. Does she need to come to US to keep her citizenship activated?
 
I don't know number 2 question because what law does India have about citizenship between US and India.

I have some information about number 1 question. If you can come to US every six months and stay some months, it will be ok, but you need to apply reentry visa(I-131) befor you leave US if you want to stay in India over 6 month. Reentry visa allows you do not have to come US in 2 years. It means that you stay in India up to 2 years without entry.
 
AFAIK you do NOT need advance parole if you plan on returning under 1 yr. Yes you will be asked tough questions questioning your intention to maintain a permanent resident status but you are not required to apply for AP if you are returning in less than a year. the 6 month thingie is more for citiizenship app process less for reentry.
 
can get dual

1. if you are indian citizen in india before 1950. vajpayee passed law and sing extended it to all countries to get dual if the other country's laws allow it
US allows dual :)

2. till you get citizenship u need to come every 6 mo to rpovide residence or can get a one time 2 year permit to leave (like a AP)
alternatibely come here once in 6 mo and stay a few days and leave.

note: you must maintian intent to reside here ie pay taxes, maintian credit cards, bank statements (ie proof that you ahve not abandoned residence in US :mad:

once you become a citizen these rules dont apply,so pray that Goerge Bush is still in power so u can become a citizen fast.


alterntively u can vote for Jeb bush when u become a citizen. and u can also join the republican party like bobby jindal :)
 
I heard the six-month requirement means you have to stay in the U.S. for at Can the re-entry permmit be renewed after it expires in two years?
Baywatcher
 
It's not as simple as you think

my research on the internet shows (http://antaoandchuang.com/i-keeping.html):

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This document describes certain precautions for U.S. permanent residents ("greencard" holders) to take in order to maximize the chances of being able to maintain permanent residency status, i.e., "keeping your greencard." Please note that the purpose of this document is help law-abiding persons avoid common pitfalls that could cause them to inadvertently lose their greencard. It is not intended for anyone who should not legally be able to keep their greencard.


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GENERAL RULE
It is very important to realize that U.S. Immigration law requires that a greencard holder must NEVER abandon the INTENTION of continuing to reside permanently in the United States. Once, a greencard holder abandons that intention, e.g., by intending to reside permanently in some other country, that person loses the right to keep their greencard.

This means that ANYTIME a greencard holder leaves the U.S., that person is subject to being accused by the Immigration and Naturalization Service (I.N.S.) of having abandoned the intention of living in the U.S., and is subject to having the greencard taken away--on the spot. Therefore, greencard holders must always take certain PRECAUTIONS in order to be able to prove to the I.N.S. that they have never abandoned the intention of living in the U.S. permanently. However, simply returning to the U.S. once a year for several weeks to use the Green card is NOT enough!!! Many green card holders have lost their greencards--even though they returned to the U.S. once a year.


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PRECAUTIONS
Consequently, it is very important that other precautions, such as the following, be taken:

1. OBTAIN A REENTRY PERMIT

If you will be leaving the U.S. for more than one year, but less than two years, it is advisable to obtain a reentry permit prior to leaving the U.S.
Note that if you continue to request a number of reentry permits (one after the other) the I.N.S. is likely to deny your application.
2. FILE TAX RETURNS

ALWAYS FILE A U.S. RESIDENT TAX RETURN, AS WELL AS ANY OTHER APPLICABLE STATE, CITY, OR LOCAL TAXES.
Be sure to file resident tax returns, e.g., 1040, and not a non-resident tax return!
Note that this does not necessarily mean that you must actually pay U.S. income taxes, it only means that you must file a resident tax return and declare your worldwide income on that return, even if most of this income is exempt from taxation. Consult a tax advisor where applicable.
Keep copies of all tax returns you have filed as a resident, and BRING THESE COPIES WITH YOU WHEN ENTERING THE UNITED STATES.
3. MAINTAIN A U.S. ADDRESS:

Maintain a U.S. Address, even if the address is the home of a friend or relative.
If possible, do not use "in care of" for your address.
DO NOT have a U.S. address which is a resort or hotel.
4. MAINTAIN U.S. BANK ACCOUNTS

You should leave open and continue to use U.S. Bank accounts.
For example, some employers, when assigning an employee overseas, will continue to pay the employee in U.S. dollars, depositing the amount directly into the employee's U.S. account.
5. MAINTAIN U.S. DRIVER'S LICENSE:

You should continue to RENEW your U.S. Driver's license.
Be sure that the address on your license is the same as that recorded on any immigration documents.
Carry your driver's license when entering the U.S.
6. MAINTAIN U.S. CREDIT CARD ACCOUNTS

7. OWNERSHIP OF U.S. PROPERTY

If possible, continue ownership of U.S. property, e.g., houses, condominiums, businesses, automobiles, etc.
For example, a person assigned abroad may want to rent, rather than sell, his or her U.S. residence.
8. DOCUMENT REASONS FOR LONG STAYS ABROAD

EMPLOYMENT CONTRACTS: Before leaving the U.S. on long assignments abroad, it is advisable to obtain a written employment contract, or letter, from your employer.
The contract or letter should specify the terms and length of employment.
If the employment will lead to a transfer back to the U.S., or to a U.S. based affiliate of the foreign employer, the contract or statement should include this fact.
9. SOCIAL SECURITY NUMBER

Be sure to maintain your social security card, and carry it with you on your return to the U.S.
If you have not yet done so, be sure to apply for the type of social security card which permits you to work in the U.S.
10. SELECTIVE SERVICE

For persons of applicable age, be sure to register with selective service.
11. KEEP YOUR GREENCARD VALID:

Be sure to renew your greencard when it expires.
Children who reach the age of fourteen (14) must file an application to replace their green card unless the prior card will expire before they reach age 16.
12. THINGS TO AVOID:

DO NOT return to the U.S. using any form of non-immigrant visa. For example, if you stay outside the U.S. for longer than one year, without having obtained a reentry permit, do NOT return to the U.S. on a tourist visa; instead, apply to the U.S. consulate for a Special Immigrant Visa.
DO NOT arrive via a chartered air carrier where nearly all passengers are nonimmigrant.
DO NOT return to the U.S. with a spouse and or children who are neither citizens nor green card holders, especially if they will be in the U.S. only a short time.
DO NOT arrive at a port of entry functioning as a gateway to a resort area.
DO NOT enter the U.S. on a round-trip ticket which terminates outside the U.S.
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NOTE: That even if you take all of the above precautions, there is NO GUARANTEE that the I.N.S. will not exclude you from the U.S. for other reasons, e.g., such as for committing a crime involving moral turpitude. The above information is intended solely as general reference information. It is not legal advice. Consultation with an immigration attorney is recommended. In addition, please note that Immigration Laws frequently change.


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You simply cannot enter US once in six month or a year stay, for a few days and then go back and assume that the GC is still valid. On the contrary you can only be out of country for a max of six months.

Also remeber that when you use re-entry permit and stay outside of US for, say two years, that is not counted towards your citizenship wait period. Best would be wait it out, get citizenship and then move.
 
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