Return to India after GC > Citizenship?

[midas3005]

Hello

I got my GC in Sep 2007.
I plan to leave for India (to settle down) in June 2010.
The above adds up to 33 months.
If I keep visiting US every 5 months for 2 weeks, (and maintain a local address (friend's) for my bank accounts, drivers license etc.) -
* will I be able to apply for citizenship in Sep 2012 succesfully?
* other suggestions/precautions?

thanks.

 

[sanjoseaug20]

* other suggestions/precautions?

Depends on what is important for you. USC or living in India.
There is no guarantee of success with what you are planning, but lot of heart ache, worries, expenses (flight ticket every 5 months).
Maintaing an address is not enough, you should be maintaining a residence, and even then there is no guarantee.
Visiting for 2 weeks only shows that you are trying to circumvent the rule as written.

 

[nkm-oct23]

Just visiting US won't cut it - you have to live in the US for a specific period of time before you are eligible for applying for US citizenship.

 

[midas3005]

Just visiting US won't cut it - you have to live in the US for a specific period of time before you are eligible for applying for US citizenship.

Can you be more specific please?

the 'three months of continuous stay before application is considered' clause, allows to apply at the beginning of three months - as I understand.

 

[midas3005]

Depends on what is important for you. USC or living in India.
There is no guarantee of success with what you are planning, but lot of heart ache, worries, expenses (flight ticket every 5 months).
Maintaing an address is not enough, you should be maintaining a residence, and even then there is no guarantee.
Visiting for 2 weeks only shows that you are trying to circumvent the rule as written.

Thats exactly my concern.
How do I approach this?
I do not have any real estate investments in US except for owned time share.
Living in India is more important. Having USC would be a plus.
Cannot delay the return any more.

 

[nkm-oct23]

Can you be more specific please?

the three months of continuous stay before application is considered clause, allows to apply at the beginning of three months - as I understand.

You need to be physically present in the US for 2.5 years before you are eligible.

 

[midas3005]

Hello

I got my GC in Sep 2007.
I plan to leave for India (to settle down) in June 2010.
The above adds up to 33 months.
If I keep visiting US every 5 months for 2 weeks, (and maintain a local address (friend's) for my bank accounts, drivers license etc.) -
* will I be able to apply for citizenship in Sep 2012 succesfully?
* other suggestions/precautions?

thanks.

As mentioned in my OP, I have lived in the US for over 30 months already.
the criteria, is 30 months in the preceding 5 years. (not necessarily immediately preceding).
Hope my interpretation is accurate.

 

[nkm-oct23]

As mentioned in my OP, I have lived in the US for over 30 months already.
the criteria, is 30 months in the preceding 5 years. (not necessarily immediately preceding).
Hope my interpretation is accurate.

You won't meet the continuous residence requirement since you will be away from US for >6months. Brief visits don't help here.
During the five years immediately preceding the application, the person must have resided in the U.S., with half of that time physically spent in the U.S.

 

[midas3005]

You won't meet the continuous residence requirement since you will be away from US for >6months. Brief visits don't help here.
During the five years immediately preceding the application, the person must have resided in the U.S., with half of that time physically spent in the U.S.

Half of five years criteria are met.
How do I handle the other half?
How long should the visits be for?

what are my options to be able to visit US as and when needed in the future?
1. can i visit US frequently as long as GC is valid? (upto 2017)
2. after 2017, can I just renew my GC again for another ten years easily?

please help me understand the options. thanks.

 

[sanjoseaug20]

How do I handle the other half?
How long should the visits be for?

what are my options to be able to visit US as and when needed in the future?
1. can i visit US frequently as long as GC is valid? (upto 2017)
2. after 2017, can I just renew my GC again for another ten years easily?

As long as you are calling your US stay as "visit", you are seeing it very differently from how CIS see it.

Your best option to get USC - delay your plans by 2 years.
Your next best option (with some risk) - maintain a home in US, don't take up a job in India (without a re-entry permit), stay at least half the time in US (3 months here, 3 there).

You can "visit" US on as long as GC is valid. The question is will it remain valid until 2017 ... one day a CBP officer will pull you up for your frequent travel, and ask you to see an immigration judge. Will this happen - do not know. Can this happen - yes. CBP does not seem to give hard time to old people with kids living (permanently) in US, but they do challenge working age people more often. Similarly, (theoretically) if you were a student temporarily outside while your parents were in US, again they may let you go.

Basically if you go with your strategy, you are doing what they call as a "hail mary pass". You can never tell how it is going to land.

 

[midas3005]

Your best option to get USC - delay your plans by 2 years.
Your next best option (with some risk) - maintain a home in US, don't take up a job in India (without a re-entry permit), stay at least half the time in US (3 months here, 3 there).

Thanks all, for taking time to answer the queries.

Cannot delay plans any further due to pressing family reasons in India.

If I allow spouse to pursue higher education in US for another 12 months (on GC with similar dates); maybe at least she can get the USC more easily?
If so, can I tag along with her in future for visits/USC?

 

[cafeconleche]

Do you have a job lined up abroad? Is it with a US company? You might be able to apply to preserve your time abroad for naturalisation purposes. Check out the form instructions. As I see it, you can TRY to visit the US often and stay for as long as possible during each visit. But, when you apply, you will have to be in the district where you apply for 3 months, and then explain your job/residence history to the interviewing officer. Check out the N400 to see what all they ask.

 

[Jackolantern]

Cannot delay plans any further due to pressing family reasons in India.

Then forget about citizenship for now. Either surrender your green card at a consulate with form I-407, so you'll be able to get a tourist visa easily, or get a reentry permit to preserve your green card for 2 years while you're away.

If I allow spouse to pursue higher education in US for another 12 months (on GC with similar dates); maybe at least she can get the USC more easily?
If so, can I tag along with her in future for visits/USC?

If your spouse becomes a USC, she can sponsor you in the future for another GC if you surrender or they cancel your first one. But her being a USC would make visiting the US more difficult, because spouses of USC have a high rate of overstay.

 

[midas3005]

Either surrender your green card at a consulate with form I-407, so you'll be able to get a tourist visa easily, or get a reentry permit to preserve your green card for 2 years while you're away.

1. which one of those two options are preferrable?

2. The second part: did u mean, I have to be back to US after 2 years for another two years to be able to apply for the USC?

If your spouse becomes a USC, she can sponsor you in the future for another GC if you surrender or they cancel your first one. But her being a USC would make visiting the US more difficult, because spouses of USC have a high rate of overstay.

Can she sponsor a GC for me while we are in India all along? and once I get it - I can barely use it for travel fo rthe netxt ten years..so this doesnt seem to help much. correct?

 

[midas3005]

Do you have a job lined up abroad? Is it with a US company? You might be able to apply to preserve your time abroad for naturalisation purposes. Check out the form instructions. As I see it, you can TRY to visit the US often and stay for as long as possible during each visit. But, when you apply, you will have to be in the district where you apply for 3 months, and then explain your job/residence history to the interviewing officer. Check out the N400 to see what all they ask.

My job is with an Indian company.

Can I take the approach as I first described and take a chance?