Re-entry permit and Citizenship
- Thread starter dumas9
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ca_applicant
Registered Users (C)
http://uscis.gov/graphics/howdoi/travdoc.htmdumas9 said:
Generally you need a re-entry permit for trips lasting for 1 year or more but less than two. My understanding is for trips lasting more than 6 months they can still question your intent to preserve residency.
Given that you expect to be away for close to the 6 month mark, I'd get a reentry permit to be safe.
Applying and securing a re-entry permit in and of itself will not make you ineligible for citizenship. On the contrary it'll make your intent (of being serious about keeping your residency status in the US) clearer. Assuming you meet all the other criteria for citizenship then you shouldnt have a problem. My company secured a re-entry permit for me as I as on a temporary international assignment (5 months). Immigration didnt ask me for it when I returned. It was an insurance policy. Returned the green travel doc during my oath ceremony last week
Good luck.
ca_applicant said:
It may not be as simple as that. According to what I've read on these forums, the only thing that really makes it clear about keeping one's residency status, especially when it comes to naturalization requirements, is living in the US, as opposed to visiting the country every 6 months to keep the residency clock ticking. I think there are exceptions to this principle, like when the LPR has circumstances that force him/her to be outside the US, but I don't know what is "acceptable" and what isn't.
ca_applicant
Registered Users (C)
aashn said:
Please read my post again. I dont believe I ever said just visiting the US once every 6 months is good enough. I wrote "assuming you meet all the other criteria for citizenship". Residing in the US is one of them.
LegalAlien99
Registered Users (C)
Hi there!
I applied for and got a Re-Entry Permit in early 2000 because I need to finish my university education in Germany. When I applied, I knew I would only be in the U.S. sporadically in 2000, and not at all during 2001.
I do not expect any problems because of that during my N-400 interview. My trip was temporary and I had given them a clear timeframe with the Re-Entry Permit application. I will take my university degree with me when I go for the interview, to be safe.
When I entered the U.S. on a few occasions in 2000, I was never asked for my reentry permit.
I applied for and got a Re-Entry Permit in early 2000 because I need to finish my university education in Germany. When I applied, I knew I would only be in the U.S. sporadically in 2000, and not at all during 2001.
I do not expect any problems because of that during my N-400 interview. My trip was temporary and I had given them a clear timeframe with the Re-Entry Permit application. I will take my university degree with me when I go for the interview, to be safe.
When I entered the U.S. on a few occasions in 2000, I was never asked for my reentry permit.
For Legal Alien
Are you now in the US ? Did you not enter the US at all in 2001 ? Are you a now a US Citizen (guessing not since your username is Legal Alien)....but if you can elaborate your details.
Also guys....are there any cases of the re-entry permit not being granted ....if yes....on what grounds
Thx,
Are you now in the US ? Did you not enter the US at all in 2001 ? Are you a now a US Citizen (guessing not since your username is Legal Alien)....but if you can elaborate your details.
Also guys....are there any cases of the re-entry permit not being granted ....if yes....on what grounds
Thx,
LegalAlien99
Registered Users (C)
dumas9 said:
Hi Dumas!
Yes, I am in the United States now. I have been here continuously since January 2002, about a month before my Re-Entry Permit expired.
If you look at the "Guide To Naturalization", which you can get on the website of the USCIS, I applied for U.S. Citizenship under the "4 years + 1 day" rule. Once you browse thorough the guide, you will know what I mean. Basically, if you were away on a Re-Entry Permit for more than one but less than two years, you can apply for U.S. Citizenship 4 years and 1 day after returning to the U.S. to continue your permanent residence.
If you use 4+1 one, you need to still satisfy all applicable rules pertaining to naturalization, particularly continuous and physical presence. In my case, none of the time BEFORE I left the Permit counts towards meeting the naturalization requirements. Luckily, as I returned before the Re-Entry Permit expired, the last 364 days outside the U.S. count towards continuous residence. Between reentry into the U.S. in January 2002 and the filing of N-400 in January 2006 (4 years + 1 day) I had already accumulated about 41 months (I think a little more than that) of physical presence (out of the 30 which are minimally required). Therefore, I am not worried at all once the interview comes up...I will be a little nervous, like all applicants, but not worried about having been away for a year.
When I applied for the Re-Entry Permit back in the day, it was a breeze securing. From filing I-131 until it ending up in my mailbox: a little less than two months. In the application, I stated the 'exact' time frame for my abscence of 6 months and looking back now...my guestimate was only about 1 month of
. If you surf the USCIS website, they talk about what they consider temporary absences from the U.S. to preserve LPR status. Most of which have been discussed on this forum in detail, such as: family emergencies, medical emergencies, study abroad etc.
Again, once you study the "Guide To Naturalization" my situation and yours will become much, much clearer to you.
I hope this helps you a little.
Cheers!
Application to preserve residence
Please read the paragraph below found at:
http://travel.state.gov/visa/immigrants/info/info_1333.html
A Reentry Permit does not preserve residence for naturalization purposes. An application for preservation of residence must be filed with USCIS prior to departure from the United States. Further information may be obtained from the USCIS office having jurisdiction over the alien''s place of residence in the United States.
I'm trying to find information on 'application for preservation of residence'.
Any suggestions .......
Thx,
Please read the paragraph below found at:
http://travel.state.gov/visa/immigrants/info/info_1333.html
A Reentry Permit does not preserve residence for naturalization purposes. An application for preservation of residence must be filed with USCIS prior to departure from the United States. Further information may be obtained from the USCIS office having jurisdiction over the alien''s place of residence in the United States.
I'm trying to find information on 'application for preservation of residence'.
Any suggestions .......
Thx,
LegalAlien99
Registered Users (C)
dumas9 said:
I think information pertaining to "preserving residence for naturalization purposes" can also be found in the "Guide To Naturalization". If memory serves me well, I think the reasons for which they let you preserve residence are fairly limited.
Cheers,
Nico