Trips outside the US

S

speedy1027

Registered Users (C)
Hi All,

I complete 2.5yrs/30 month physical residence by June 2007.

After that I plan to make under 6 months trips to India every year starting from July 2007 till Sep2009 (thats when I become eligible to apply for the Cship).

Would making such trips (under 6 months every year) jeopardize my Cship chances?

Please advise.

Thanks,
Speedy1027
 
Most likely that would be fine. During my 5 year residency period I took three extended absences (over 5 months each) and was never questions about them in any detail during the interview. Just make sure you pay your taxes regularly and don't take employment abroad.
 
Thanks

boatbod said:
Most likely that would be fine. During my 5 year residency period I took three extended absences (over 5 months each) and was never questions about them in any detail during the interview. Just make sure you pay your taxes regularly and don't take employment abroad.
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Thank you.

--speedy1027
 
Couple more questions

boatbod said:
Most likely that would be fine. During my 5 year residency period I took three extended absences (over 5 months each) and was never questions about them in any detail during the interview. Just make sure you pay your taxes regularly and don't take employment abroad.
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boatbod,

Couple of questions that have are:

1) Do I need to take a reentry permit before making the 5 month trips? If yes, do I have to take a reentry permit for each 5 month trip?

2) Is it ok to give a friend's address here in the US as my address for correspondence or do I have to maintain an apt/residence necessarily? How did you manage?

Please advise.

Thanks,
speedy1027
 
1 more question

speedy1027 said:
boatbod,

Couple of questions that have are:

1) Do I need to take a reentry permit before making the 5 month trips? If yes, do I have to take a reentry permit for each 5 month trip?

2) Is it ok to give a friend's address here in the US as my address for correspondence or do I have to maintain an apt/residence necessarily? How did you manage?

Please advise.

Thanks,
speedy1027
Click to expand...

Also, what is the form # for reentry permit?

Thanks in advance.
 
I did something similar for 2 years. I would strongly recommnd a reentry permit. A single permit is valid or 2 years. Make sure you maintain links with US
- File US taxes.
- Get urself on an apartment lease.
- Get a utility bill against your name.
speedy1027 said:
boatbod,

Couple of questions that have are:

1) Do I need to take a reentry permit before making the 5 month trips? If yes, do I have to take a reentry permit for each 5 month trip?

2) Is it ok to give a friend's address here in the US as my address for correspondence or do I have to maintain an apt/residence necessarily? How did you manage?

Please advise.

Thanks,
speedy1027
Click to expand...
 
Anami said:
I did something similar for 2 years. I would strongly recommnd a reentry permit. A single permit is valid or 2 years. Make sure you maintain links with US
- File US taxes.
- Get urself on an apartment lease.
- Get a utility bill against your name.
Click to expand...

Thanks Anami.
 
Can Rentry permit be used multiple times?

speedy1027 said:
Thanks Anami.
Click to expand...

Anami, boatbod,

Do you know if the reentry permit once approved, can it be used multiple times before its expiry?

Thanks,
speedy1027
 
A reentry permit is not required for trips under six month duration. If there is a possibility your trips may become longer, then by all means get a permit, however I strongly recommend you simply stay under the 6mth cutoff.
 
speedy1027 said:
Anami, boatbod,

Do you know if the reentry permit once approved, can it be used multiple times before its expiry?

Thanks,
speedy1027
Click to expand...

Sorry, can't answer that since I never had one. All my trips were deliberately under 6 months since it avoids many awkward questions upon reentry and during N-400 interview.
 
Reentry permit shows I thought that at the time you applied you did not intend to abandon residency in the US. You have a chnace to document your trip and explain to INS the ties you will have while you will be gone. If they try to take away the GC - it will be a much harder argument for the government to win in court and I think I have not seen many (or any?) people who got their GC confiscated while away on reentry.

Also - getting on a fake lease of an apartment is just fraud..... Having address with a friend is enough.

There are other issues to consider like where is the family, job, bank account, do you renew drivers license, credit cards, taxes on worldwide income. The key is the trip needs to be temporary and you need to have intention to come back - the rest is just common sense. For example it does not make sense to sell all your stuff when going away for 9 months - instead most people choose to store it. Even selling a car if you are going away for 9 months does not make sense.

Anyways - this is what I know. I am a layman and not a lawyer - so don't take this advice seriously.
 
namedude said:
Also - getting on a fake lease of an apartment is just fraud..... Having address with a friend is enough.
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Do you mean to say that if i pay $25 to get my name into a lease of an apt that is being rented by my friend then its a fraud?

and I didn't quite understand what you meant by saying "Having address with a friend is enough.". Do you mean to say that I can give my friend's address as a "care of" address?

Thanks
 
And claiming that you maintained continuous residence here in US without a apartment/house here is not fraud? This is a real lease on which you get ur name and preferably stay with your friends in the same house when you are in US. At time of naturalization according to the manual the proofs they ask for when in doubt about continuous residency are US taxes, apartment rentals/leases/home ownership etc.

Reentry permit is valid for multiple uses. I would strongly suggest that you get it. Once I came back into US and was once sent into extended immigration because they questioned why was I out of the US for so long ( I was out for 5 months) when I am a US resident. They let me go as soon as I showed my re entry permit. A few other times when I was out for 5 months, I had no problems entering. The immigration officers can question you anytime they feel you are not maintaining residence even though your trip can be under 6 months. I was out of india working a US corporation that had filed for my reentry permit.

namedude said:
Reentry permit shows I thought that at the time you applied you did not intend to abandon residency in the US. You have a chnace to document your trip and explain to INS the ties you will have while you will be gone. If they try to take away the GC - it will be a much harder argument for the government to win in court and I think I have not seen many (or any?) people who got their GC confiscated while away on reentry.

Also - getting on a fake lease of an apartment is just fraud..... Having address with a friend is enough.

There are other issues to consider like where is the family, job, bank account, do you renew drivers license, credit cards, taxes on worldwide income. The key is the trip needs to be temporary and you need to have intention to come back - the rest is just common sense. For example it does not make sense to sell all your stuff when going away for 9 months - instead most people choose to store it. Even selling a car if you are going away for 9 months does not make sense.

Anyways - this is what I know. I am a layman and not a lawyer - so don't take this advice seriously.
Click to expand...
 
What I was saying that it is enough if you maintain a mailing address here in the US with a friend or relative. You are not living there anyways. If you get yourself on the lease - try telling the landlord that you will not be living there but you will be on the lease.

I guess if the landlord knows you are not living there but you want to maintain a mailing address by paying for the lease - that's fine. My argument this is the same as maintaining your mailing address with a friend or relative. Maybe I am wrong but this is what my lawyer told me I think (that was 2 years ago though....)

Look at
http://www.hooyou.com/i-485/MaintainlegalPRS.html

Once you get back to the US - you will get a new apartment anyways.

I think my lawyer told me that getting a reentry permit is a good idea always as it allows you to document the trip. I got one - but was never asked for it even though one of my trips lasted 5 months. Still having reentry permit + ties to the US made me more confident when I was getting thru the immigration booth - so it was still worth it. In case you end up staying for extended periods - it might protect your PR. But again - if you want to move abroad for good and get a reentry - then it does not make sense.

I am not a lawyer and don't treat this advice seriously.
 
Last edited by a moderator:
quick question.. sorry for being noob, but i have to see the answer ASAP..

if i were out of the US for more than a year for schooling purposes (2004-2006), but had a re-enrty permit, does it count for the 5 year presence needed for us citizenship? thanks in advance..
 
ChaseK said:
quick question.. sorry for being noob, but i have to see the answer ASAP..

if i were out of the US for more than a year for schooling purposes (2004-2006), but had a re-enrty permit, does it count for the 5 year presence needed for us citizenship? thanks in advance..
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Being out for more than a year - regardless of holding a re-entry permit - pretty much guarantees you broke your continuous residence. You should be able to apply after a 4yr + 1day waiting period.
 
Did you visit the US during any of that time? Remember, to calculate physical presence in the US, you count the number of days (or partial days) you were in the US. If you go away for 13 months (starting in September), but come back for Christmas and Spring break, you weren't away for a year (and maybe not even for 6 months -- depending on exact dates).
 
speedy1027 said:
Anami, boatbod,

Do you know if the reentry permit once approved, can it be used multiple times before its expiry?

Thanks,
speedy1027
Click to expand...
u can use reentry permit as many times as you want as long as it is valid...

Another thing re entry permits is for trips more than a year....there is nowhere where uscis states that u need rep for more than 6 months...
uscis says rep is needed for trips more than 1 yr as rep doesnot safegaurd your continuous residency but safegaurds your residency status...
 
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