Hi,
I have got qusetion regarding ReEntry Permit versus Filing US Citizenship after 4.5 yrs .
Usually reentry permit is valid for 2 yrs. if one does not enter US for more than 1 yr but less than 2 yrs & Totally if one stayed in US for 2.5 yrs out of 5 yrs to apply for US citizenship(but having the proof of US address, filing tax return, bank balance, credit card) .
When One files US citizenship, will it be rejected.
---- I think YES, any stay more than 6 months out of US is not counted as residence for citizenship, you have to read how to apply citizenship
Here is more ifo for you:
THE ABC'S OF IMMIGRATION - PRESERVING GREEN CARD
STATUS DURING TRIPS ABROAD
It is an all too common situation – after years of
bureaucratic entanglements, a person finally obtains
lawful permanent residence in the US, only to find
they still have business or family concerns that will
keep them out of the US for an extended period of
time. Often, the lawful permanent resident (LPR) will
try to reenter the US, only to have an INS or consular
official tell them they have abandoned their permanent
residence status. While an extended absence alone is
not grounds for revoking permanent residence, it is
one factor the INS considers very important.
Therefore, when planning an extended trip abroad, it
is necessary to plan ahead to avoid abandonment.
Among the many factors that influence the decision on
abandonment are the length and reason for the absence,
and the number and type of connections the LPR
maintains in the US. There are many steps a LPR can
take to demonstrate their intent to maintain their
status in the US.
A commonly held but mistaken assumption is that a
visit every year to the US will preserve LPR status.
While an LPR needs only the green card to reenter the
US after an absence of less than one year, this is not
enough to indicate the intent to remain a resident of
the US. The LPR must take additional action to
preserve their status.
One of the most important factors in preserving
permanent residence is to continue filing tax returns
in the US. Because of international tax laws, there
will often be no tax owed to the US government, but
failure to file a return is almost always considered a
sign that LPR status has been abandoned. The LPR
should also maintain a bank account and credit cards
in the US. These accounts should be as active as
possible. For example, if the LPR is employed abroad,
the salary should be deposited in the US account. The
LPR should also continue to renew their US driver’s
license. If possible the LPR should purchase property
in the US.
If the LPR’s absence is due to employment, a letter
from the employer detailing the terms and length of
employment is very important. If the absence is for
family or personal reasons, these should be well
documented. While such reasons are acceptable, the
ease with which they can be manipulated means they
should be very well documented.
Of course, the LPR can also obtain a reentry permit if
the absence is to be greater than one year (after
absences of less than one year, the green card is
sufficient for reentry). However, many of these same
factors are involved in the decision of whether to
issue such a permit, and even with a reentry permit
the LPR can still be deemed to have abandoned status.
It is important that the LPR traveling abroad for an
extended period is prepared to document their intent
to remain a US resident if questioned by immigration
or consular officials. One of the best ways to do
this is carry copies of relevant documents in a single
location that can easily be presented to officials.
Among these documents should be copies of past tax
returns, deeds showing property ownership, records of
bank account activity, relevant letters from
employers, and letters explaining the purpose of the
extended absence.
One final note – Congress did change the law a few
years ago to hold that permanent residents who leave
the US for more than six months can be held
inadmissible if there is something in their background
now that would have barred them from getting a green
card had it been true at the earlier date. For
example, if one cannot meet the public charge
requirements or has gotten a communicable disease,
then they could face problems reentering. For most,
this will probably not be a major concern.
Thanks
sank
