Taking 2 year assignment outside US: Naturalization Issues?

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wizofoznj

Registered Users (C)
Hi all,

I got my GC in April of 2004. Recently I have been offered a 2 year expat assignment to India by my current employers.I had a couple of questions regarding impact on naruralization because of this. But before that, some facts:

1. I have travelled several times outside the US since getting the GC. Some of the trips were personal and some were business. The duration of each trip varied from 2-3 weeks.I don't believe I am eligible for N470 because of this.

2. I will be coming back to the US every 6 months for 1-2 week duration.

3. I am retaining my house in NJ.

4. I will be on US payroll during this 2 year period and I will be filing US taxes.

Now the questions:

1. Am I jeopardizing my GC in any way by staying outside the US for long durations? Since I will not be away for more than 6 months at a time, I am not applying for a re-entry permit.

2. After I return to the US in 2008, will I be eligible to file for citizenship in 2009. Since April 2004, I have accumulated 2 years of physical presence in the US (minus the trips outside). In other words, if I keep coming back to the US within 6 months (for short duration though), am I maintaining residency for naturalization purposes?

Thanks in advance,

wizofoz, NJ
 
Last edited by a moderator:
You may want to get a re-entry permit, just incase you end up staying abroad for over 1 yr on a single trip.

If you come back after 2 yrs of temporary assignment abroad, the you will become eligible to apply for naturalization after 4 yrs + 1 day from your return.

For nauralization, you have to maintain continuous residence and physical presence. For continuous residence, trips abroad of < 6 mos are ok, and don't break the continuous residence. trips abroad of > 6 mos, but < 1yr fall in gray area and it will be up to the examiner to decide if you had substantial ties to the US. Any stay over 1 yr, with a reentry permit will always break the continuous residence. Physical presence test requires to be physically present in the US for 30 months out of the 5 year period.

Read the naturalization guide at:
http://www.uscis.gov

You bigger concern needs to be able to prove the intent that you are still maintaining the permanent residence in the US. Officer at POE will definitely get suspicious after 1 or 2 trips of 6 mos abroad and staying in the US for 1-2 weeks. The burden will always be on you to prove it that you have not abandoned the GC status. Be prepared to go thru' secondary inspections at POE.
 
Thanks for your inputs. My contract explicitly states that I am on a loan for this two year period and will return to the US after the completion of my assignment (relocation expenses borne by my employers). In addition to this, I will retain my house in the US. I am not even considering getting an Indian driver's license. I have obtained an International Drivers Permit instead.

All of this combined with the contract isnt good enough proof that I do not wish to abandon my GC status?
 
Thanks. If I file for a re-entry permit, would I still be eligible to file for citizenship in 2009 (got my GC in 2004, leaving for 2 years starting 2006, back to the US in 2008) after I come back to the US?
 
wizofoznj said:
Thanks. If I file for a re-entry permit, would I still be eligible to file for citizenship in 2009 (got my GC in 2004, leaving for 2 years starting 2006, back to the US in 2008) after I come back to the US?
Click to expand...

If you stay abroad for > 1 year but < 2 years with a reentry permit, you would qualify after 4 year + 1 day from your return date. Your case it would sometime in 2012 (2008 + 4 years and 1 day).
 
I would be coming back to the US several times a year (atleast 2) during the overseas assignment. In that case, I should be eligible in 2009 (even with the re-entry permit), right?
 
wizofoznj said:
I would be coming back to the US several times a year (atleast 2) during the overseas assignment. In that case, I should be eligible in 2009 (even with the re-entry permit), right?
Click to expand...

You would be eligible to apply in 2009, provided you meet the requirements of continuous residence, physical presence, 90 days residence in a local DO where you plan to apply, etc.

Be prepared for documentation and satisfy the examiner during the interview. In the meantime, worry about the intent to maintain the permanent residency in the US and not having abandoned the permanent residency.
 
Just to let you know - you can get an opinion letter from a lawyer on your situation. There are some good lawyers who will provide you with more information than: "Look the INS people have lots of discretion and the rest we don't know. " Look at www.imminfo.com or www.gotcherlaw.com or www.shusterman.com.

My layman understanding that it is common sense here - if the trip is genuinely temporary with reentry permit, you file taxes, maintain address (some maintain with a friend or relative), keep ties to the US, keep savings here in the US, pay bills in the US, maintain drivers licence, keep some stuff in storage, use US credit cards etc. then it will be hard for INS to take away your GC (and I heard this does not happen in reality). Otherwise the law would not be working correctly and would be flawed that is if people would have their GCs taken away if they went on genuinely temporary trips. The lawyers have access to case laws and can make an honest evaluation. Here you will be entrusting your life's goals to JoeF who is a layman. He will tell you for example that it is all discretionary and you might not take advantage of a good opportunity in life. Look also www.imminfo.com - a lawyer actually moderates that forum and he does not say "This is all discretionary".

And it is not like JoeF is mean. He is also not wrong. While it maybe all discretionary - a lawyer will tell you if you are safe or not. Also go to a reputable lawyer who has dealt with reentry permits and

I am also a bigger layman than JoeF himself - so I definitely would not go on my advice. I think you sweated a long time to get GC and it makes sense to pay extra $$ to be on the safe side. A lawyer can also file a reentry permit for you.

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I am not a lawyer and like JoeF I do not play on TV or Theater for that matter.
 
Also - I went to lawyer myself and got a letter from him. The lawyer said that in my case it would be impossible to take away the card and contrary to what JoeF says here - the law regarding abondonment actually works and there is no need to change it.

I was confused myself by JoeF's postings that there is lots of discretion, no guarantees etc. This makes you scared and actually can make you change life plans and give up opportunities. And then you are upset that the law does not work - that even if you have a genuinely temporary trip on reentry permit - they do take green cards away. So then what is the point of having such a faulty law and why isn't everybody talking about this? But from what I gathered - the law works in big big majority of the cases. So the law is not there to trap you and be used against you if you follow the rules. And people do get in trouble but if they are living abroad and do not want to live here. Green card is not be used for tourist purposes - if you feel you do not want to live in America - you can give it up in a civilized manner not at the port of entry.

Anyways - I am more calm after seeing a lawyer and getting an opinion letter. I am getting a reentry permit through him. You can do it yourself but a lawyer will actually put on the application for reentry very precise documentation why you are going abroad, what ties you will keep, when you will come back etc. You do not need to do that - but if you have this documentation and INS approves - it supposedly puts INS in a tighter spot. And on top the lawyer told me to file a 1040 regular tax form, keep ties to the US and maintain my intent to come back and do what was said on application for reentry. Also - I made sure everything was genuine and I will come back and I will maintain strong ties while abroad while on reentry permit.

My experience now is that it is really scary to rely on advice from message board and especially do not plan your life based on what sb says here. Always go to a good lawyer, request opinion letters, be very frank with him/her and it will be better. Try lawyer moderated forums.

JoeF does not mean any harm and he does not give bad advice in general. And he is even right that people have to weigh all evidence. But JoeF does not know exactly where the line really is because of lack of experience + even if he was very experienced - it would be hard for him to evaluate all your personal circumstances (I spent 45 mins talking and documenting this). So my thinking is and JoeF would hopefully agree that you will not get a clear answer on this forum but you might get a clearer answer if you go to a good lawyer that has dealt with abondonment issues personally but then it costs $$.

All the best.

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I am not a lawyer and I am a bigger layman than JoeF himself. Don't treat whatever I say seriously. And never base your life plans based on this.
 
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