Question on reentry permit

marlon2006

Registered Users (C)
After getting the greencard, one lives in the US for 4 years.
Then apply and get the "reentry permit" for 2 years.

Let's say the individual returns to the US after 2 years. Should the individual wait one more year then become eligible to apply for citizenship (total of 5 year) or the time is reset to zero, so the individual would need to stay 5 more years here without interruption in the US? I believe it should be the former but I need to double check.
 
After getting the greencard, one lives in the US for 4 years.
Then apply and get the "reentry permit" for 2 years.

Let's say the individual returns to the US after 2 years. Should the individual wait one more year then become eligible to apply for citizenship (total of 5 year) or the time is reset to zero, so the individual would need to stay 5 more years here without interruption in the US? I believe it should be the former but I need to double check.

Based on what all I have read in this forum, any time (outside US) which is over 6 months or 1 year resets your clock. So in the example you described, probably person has to wait for another 5 years to start N-400.

Probably Bob can enlighten you more on this.
 
The rule is that you need to be in US 30 months in the last five years, and you need to have a "continuous residence". I believe the continuous residence requirement is broken when you stay out of the country more than 6 months, so essentially, your time will reset.
 
Let's say the individual returns to the US after 2 years. Should the individual wait one more year then become eligible to apply for citizenship (total of 5 year) or the time is reset to zero, so the individual would need to stay 5 more years here without interruption in the US? I believe it should be the former but I need to double check.
It would be reset, but not completely to zero, because after returning from a trip of a year or more, you can apply 4 years and 1 day after the end of the long trip.
 
Based on what all I have read in this forum, any time (outside US) which is over 6 months or 1 year resets your clock. So in the example you described, probably person has to wait for another 5 years to start N-400.

Probably Bob can enlighten you more on this.

For the two years outside the country you are given credit of 354 days towards continuous residency requirement thereby allowing you to apply 4 years + 1 day after your return to the US.
 
OK. So if I return to the country every 5 months while I am out for those 2 years, that would probably change things, right? That means I would not break the continuous residence thing.



The rule is that you need to be in US 30 months in the last five years, and you need to have a "continuous residence". I believe the continuous residence requirement is broken when you stay out of the country more than 6 months, so essentially, your time will reset.
 
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It seems in my case my best chance would be getting the letter from the American employer branch and applying for the N-470. If approved, the N-470 should keep my time towards residency even if I spend the two years overseas, right? That should solve the problem?

Then I would just come back to the US in two years from now and apply for the citizenship.

Let's say if I submit the paperwork for N-470 and it gets denied, then I could still apply for the 2 year reentry permit OK. The only problem is that once I come back two years later I would need to start again with 4 years to get citizenship...

Not necessarily since back to back trips under 6 months can still be deemed as presumed break in residency.
 
From what I understand of that situation is that if you are employed by an American company and they send you overseas to work, continuous residency is maintained as if you were working here.

Don't quote me though. :)
 
In my case it would be a new job though that a connection in the biggest telco hardware maker wants to offer me. I imagine that once the job offer is materialized though, I can't see why the company Head Quarters could not issue a freaking letter stating my job title, tasks, etc stating that I would work in South America developing the business there, blah, blah.

So it would be a brand new job that I am applying from the US to location=South America.

Based on the N-470 filing instructions, it does not mention anything there regarding getting a job in the US first then the company sending you overseas. So it seems I should be alright, but who freaking know the nuances? I guess I will end up spending $200 and talking with an immigration attorney. T
 
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OK. So if I return to the country every 5 months while I am out for those 2 years, that would probably change things, right? That means I would not break the continuous residence thing.



So, that individual is YOU? I thought you said an individual? :confused: I am confused by this reference to other people whereas they are the subject of the inquiry...:rolleyes:
 
It seems in my case my best chance would be getting the letter from the American employer branch and applying for the N-470. If approved, the N-470 should keep my time towards residency even if I spend the two years overseas, right? That should solve the problem?

Then I would just come back to the US in two years from now and apply for the citizenship.

Let's say if I submit the paperwork for N-470 and it gets denied, then I could still apply for the 2 year reentry permit OK. The only problem is that once I come back two years later I would need to start again with 4 years to get citizenship...

The N-470 is to preserve continuous residence, whereas the reentry permit is to preserve GC status. If you plan to remain outside US for more than 1 year, then you should apply for reentry permit regardless of if N-470 is approved or not.
 
Now I am confused why you bring this up. What difference does it make if you refer to an issue using third person or the first person?

So, that individual is YOU? I thought you said an individual? :confused: I am confused by this reference to other people whereas they are the subject of the inquiry...:rolleyes:
 
Got it. Thanks all.

The N-470 is to preserve continuous residence, whereas the reentry permit is to preserve GC status. If you plan to remain outside US for more than 1 year, then you should apply for reentry permit regardless of if N-470 is approved or not.
 
if its 4 years and 1 day to be eligible , can that person apply 90 days in advance of meeting 4 years and 1 day?
 
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