reentry or come back to the country (USA) every 6 months

[sara454]

I am married to a US citizen and after getting green card I want to stay outside US for 1.5 Years on reentry permit.
my question is; if I never use my reentry and come back to the country (USA) every 6 months [for 2 times to finish my studies], Is there any effect of re-entry permit on my citizenship clock for application for naturalization.or I come back to US on reentry permit,. and 2d ques is for US spouse it will be 2 year once I come back from reentry permit.to become citizen ??[that is just 6 months delay for my case[3 years and 6 months]? Is that Correct??
I read this post in this site;

You had mentioned in one of your posts that if somebody applies for re-entry permit, and gets it, but never uses it - i.e. comes back to the country (USA) every 6 months or so, then there is no effect of re-entry permit on that persons application for naturalization.
However, my attorney mentioned that - once you apply for a reentry permit, you restart the 5-year clock towards citizenship. The clock restarts once you return to U.S. permanently after leaving U.S. with the reentry permit.
I really need correct information now .I would be grateful if someone who know the rules or has the same experience help me to choose the best way.
sara

 

[baikal3]

I am married to a US citizen and after getting green card I want to stay outside US for 1.5 Years on reentry permit.
my question is; if I never use my reentry and come back to the country (USA) every 6 months [for 2 times to finish my studies], Is there any effect of re-entry permit on my citizenship clock for application for naturalization.or I come back to US on reentry permit,. and 2d ques is for US spouse it will be 2 year once I come back from reentry permit.to become citizen ??[that is just 6 months delay for my case[3 years and 6 months]? Is that Correct??

Whether or not you apply for a reentry permit has absolutely no effect on your continuous residency and naturalization eligibility.
What matters is your travel pattern, your actual residence during extended trips, the reasons for those trips and the kind of ties to the U.S. that you maintain during these trips.

It is a complete myth that simply keeping the lengths of all individual absences under 6 months each is sufficient to preserve the continuous residency. If you are actually planning to live abroad with your spouse for 1.5 years and only make occasional trips back to the U.S. to keep individual absences under 6 months each, that will almost certainly break your continuous residency, (regardless of whether you are issued a reentry permit).

If you are planning to work abroad for a U.S. company or organization, you might qualify for N-470; an approved N-470 would preserve your continuous residency regardless of the individual and total length of absences. If your U.S. citizen spouse will be working abroad for a significant period of time, you may qualify for "expedited naturalization" under INA 319(b), see
http://pjclaw.net/uscitizenship/expedited-naturalization-under-319b/

However, my attorney mentioned that - once you apply for a reentry permit, you restart the 5-year clock towards citizenship. The clock restarts once you return to U.S. permanently after leaving U.S. with the reentry permit.

This is completely false. The mere fact of having been issued a reentry permit has absolutely no effect on your continuous residency clock. (I should note that while I was an LPR I was issued not just one, but two reentry permits, which I used in lieu of a passport and as a proof of LPR status while my physical green card was being produced. That had no effect on my naturalization).

Of course, if you actually stay abroad for over a year and then reenter the U.S. (for which you'd need a reentry permit), that would indeed break your continuous residency (unless you have an approved N-470). But if you are simply issued a reentry permit, that fact alone has no effect at all on naturalization eligibility. E.g. if after having been issued a reentry permit, you go abroad for a two-weeks vacation and then come back to the U.S., your continuous residency is completely unaffected.

 

[Jackolantern]

However, my attorney mentioned that - once you apply for a reentry permit, you restart the 5-year clock towards citizenship. The clock restarts once you return to U.S. permanently after leaving U.S. with the reentry permit.

That must be a fake lawyer. That is absolute nonsense. The mere act of applying for or obtaining a reentry permit cannot negatively affect your naturalization eligibility.

Using it to reenter doesn't hurt you either. What might hurt your eligibility is the long trips that made you want to or have to use it; not the usage or possession of the permit.

 

[sara454]

Thanx for reply

That must be a fake lawyer. That is absolute nonsense. The mere act of applying for or obtaining a reentry permit cannot negatively affect your naturalization eligibility.

Using it to reenter doesn't hurt you either. What might hurt your eligibility is the long trips that made you want to or have to use it; not the usage or possession of the permit.

Thank you for your fast reply.that was really useful.

 

[HarryRamchandan]

Didn't attach Valid Reentry Permit with Form I131

I didn't attach my Valid Reentry Permit with Form I131 while applying for a new one. I attached photo copies, I have completed my finger printing. Now my friend told me that I should have attached the orignals.
My Question --
1. Should I send them the orignals with the reciept number or Wait till they ask me
2. Is the request going to be denied without the valid Permit.
3. Any suggestion ....