Reentry permit

I

iekhan

New Member
Hi,

I got my GC through my mom's sister who had sponsored the entire family. Initially when I got the GC, I was studying in India and liked it better there.

Hence, I visited US, took a re-entry permit (for 2 years) and went back to India. I visited US after 1 years and 9 months.

Then, I again went back to India. This time though, I didn't take any reentry permit. This time I entered US after 400 days.

It's been 5 years since I entered again and I have my Interview in 3 weeks from now. The 5 years that I have counted for my citizenship starts from when I entered US for the second time.

I am wondering if my staying out of US for more than a year without reentry permit would be an issue? The lawyer I consulted stated that they can say that you "abandoned your GC" even before I started by 5 year count.

Thanks.
 
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There may be issues raised around GC abandonment, but since you haven't been out of the US for 5 years, I suspect you will be ok. All depends on the mood of the IO etc, etc.
 
Thanks.

The first two points in the Jackson Hertongs article for requirements of Citizenship states that -

1. Lawful admission for permanent residence (LAPR)

2. Residence for five years after LAPR (three years for the spouses of U.S. citizens) and continuous residence to the date of naturalization and intent to reside permanently in the U.S.

Since I was lawfully admitted into US during my second return, and my 5 year count started at that time, does that mean that I can consider myself in the safe zone?
 
Like I said.... probably.... however applying for naturalization gives USCIS the opportunity to reconsider just about everything about your immigration history. Whilst it is rather unlikely they would deny you on the basis of abandonment, there is still a possibility the IO may conclude the PoE inspector erred when he let you back in after 400 days abroad.
 
There is no such thing as a safe-zone. There's a "better chance then before zone" but no safe-zone. And yep they can determine you originally abandoned your GC and are currently illegit. Does that happen often? Probably not, but there's always a risk...
 
Thanks to all of you for helping me understand this.

I still have one month to go for my interview.. and hence would start getting everything that can to strengthen my case - Arguments that I was dependent, student, etc. Likewise, I just hooked up with a lawyer in Chicago to accompany me to the Interview too. So, would keep my fingers crossed.

Will definitely let you guys know of the final outcome - If I am kicked out of here or they give me the Citizenship. I sure hope its the later one.
 
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