US citizenship question

M

Maduraikaran

Registered Users (C)
Hi,

I got my GC after a long wait passing thru lot of hurdles after 6 years. I applied in 2001 and got it last week only.

My plan is to stay in this country continously till June 2010 (For 31 months) and then move to India. But visiting US once in 3 months stay here for a couple of weeks and continuing the same till 2012 which when I will be eligible to apply for citizenship.

By the above I would have covered the below eligibility requirements:
1. Be a US permanent resident for 5 years.
2. Physically present for atleast 30 months in this period.
3. No absence of more than 6 months in a single trip outside US.

Will I be able to get my citizenship without any issues by this way, if I file the taxes regularly or will there be a problem? What else I need to take care of in this process ?

I will appreciate any info/help in this regards.
 
You need to prove the bondage here in USA like your employment status, house or aptartment that you live here also valid reason why you are in India. You can not simply go back and come here every 3 months for citizenship eligiblity. Hope this helps.
 
Maduraikaran said:
My plan is to stay in this country continously till June 2010 (For 31 months) and then move to India. But visiting US once in 3 months stay here for a couple of weeks and continuing the same till 2012 which when I will be eligible to apply for citizenship.
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I'll say with a fair degree of certainty, your natz case will be denied, and you may lose your GC if you follow the methodology you outlined.

First of all, the physical presence requirement is a rolling window. If you only remain in the US for 31 months, you will quickly drop below the minimum 30 months very quickly while waiting for your case to be scheduled for interview.

Secondly, you actually have to be a resident of the US to meet the requirements of continuous residence. Moving your primary residence abroad and (presumably) taking foreign employment is nearly always a deal breaker unless you have coverage under an N-470 or are in a military posting. You cannot simply "visit" the US every 3-6 months for a week or two and hope not to get caught. Part of the N-400 requires you to submit detailed travel dates and durations - IO's aren't stupid, they can easily spot when someone is living abroad.
 
Maduraikaran said:
My plan is to stay in this country continously till June 2010 (For 31 months) and then move to India. But visiting US once in 3 months stay here for a couple of weeks and continuing the same till 2012 which when I will be eligible to apply for citizenship.
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By your own description, not only will you be ineligible for naturalization, but you will also be abandoning residence.
 
Options

Thanks for all the reply. OK.. Can I be here in for 6 months + 1 week and the remining period in India for those two years ? I have a compelling reason to take care of my parents as I am the only son and need to be with them for some more time. Or Please let me know if there are any options.

Also is there any way to file a lawsuit and get some years reduced in my naturalization eligibility where I had to wait for 6+ years to get a GC, while some of my friends got GC within a year or two and going for the citizenship now. Why I am being getting punished for no fault on my part ?
 
If only things were so reasonable. I believe Canada gives you some credit towards your citizenship requirements for time spent in the country before you become a permanent resident. The U.S. doesn't have this, and I doubt suing would help. Having good family reasons doesn't help either. Life is tough, I wish I had been one of the early Google employees, but I am not. Some people take longer than others to obtain Green Card. Unfortunately we have to deal with the cards we get dealt in life. I think your best option is to stay in the U.S. travel often to India to visit your parents, work hard here, hire some help for them so they are taken care of. Other than that be ready to kiss the Green Card and the citizenship goodbye, move on and build your life in India. I am afraid that it is not going to be easy to have the cake and eat it too.

Nobody can give you a straight answer because all depends on the IO who will look at your case in the future, possible changes in procedures and quite a few unknowns. At the end of the day the IO can choose to look closely at your residence claim and make your life tough. Working abroad is a big no-no, except for the cases it has been already pointed out.

My 2 cents.
 
First of all I don't think suing will do you any good. No offense here but there are people who wait longer, some might not. The same with Citizenship. Some get everything done in like 6 Month. Others have to wait 3 Years or how long ever.
Call yourself lucky that you are holding your Card right now.
If you plan on staying so much in India why then apply for citizenship. You not only have to show your stay in the US by your stamps in your Passport but also proof of residency such as lease papers, utility bills or whatever. It all depends on the IO but my personal opinion in your case there is a possibility they ask those questions plus some.

Nobody is punishing you .. it is life of the USCIS ...
 
Nope. Suing wont help you at all. You will only waste your time doing that.


Either live in the US and apply for citizenship later, or dont hassle yourself - move to your country of citizenship and live happily there.

Ofcourse, just my opinion, thats all.
 
You are at crossroads and to paraphrase other postings, you would need to choose where you see yourself in 10 - 20 years.

- If you see yourself making your life here for the rest of your life, visiting your country every once a while but making your living here, having your home, your spouse and children here, it would make sense for you to consider eventually applying for citizenship. You then should think of your life in terms of how to strive to this goal - for example visiting your parents 1-2 months every year but being 10-11 months every year here in the United States.

- On the contrary if you see yourself in 10 - 20 years happily living in your home country with your house and family there, you should make the choice of pursuing this goal.

The choice is yours.
Just my 2 cents.
 
Down the line from 10-20 years I want to be in this country and I have a clear intention of applying for the citizenship in the next 4 years+9 months. But I need suggestions on what is the max period (months) I can be with my parents each year without getting affected on my naturalization eligibility. I am an employee of a big US based company and I have the option of working from India, if needed. I will be in their US payroll.
 
Maduraikaran said:
Can I be here in for 6 months + 1 week and the remining period in India for those two years ?
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Actually you may just get away with that strategy - its fairly close to my own situation of 3 consecutive winters outside the US, approx 5 months duration each, all to different (sailing) destinations within the Bahamas & Caribbean. During the interview, the IO didn't ask so much as one question about the trips, however I suspect this was because I was employed during the summer months.

Your situation is slightly different, and of course you will have a different IO, so there is no knowing how things might turn out. Whatever you do, make sure YOU DO NOT take overseas employment as that alone can cause big problems.
 
boatbod said:
Actually you may just get away with that strategy - its fairly close to my own situation of 3 consecutive winters outside the US, approx 5 months duration each, all to different (sailing) destinations within the Bahamas & Caribbean. During the interview, the IO didn't ask so much as one question about the trips, however I suspect this was because I was employed during the summer months.

Whatever you do, make sure YOU DO NOT take overseas employment as that alone can cause big problems.
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boatbod:

I like your strategy and glad to know that you were successful. I am in the process of setting up a business in the U.S. For business and personal reasons, my wife and I plan to spend at least 2 out of my 5 years in my home country (at different intervals never exceeding six months). My question is that my kids were born here and are thus U.S. citizens. Is it okay if I leave them in my home country with my parents so that their education is not interrupted? Since their citizenship status has nothing to do with my wife and my status, do you think that the IO would ask about the kids?

Thanks.
 
Maduraikaran said:
Thanks for all the reply. OK.. Can I be here in for 6 months + 1 week and the remining period in India for those two years ? I have a compelling reason to take care of my parents as I am the only son and need to be with them for some more time. Or Please let me know if there are any options.
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I am sure if you are here for 6 months + 1 week, each year and are in US payroll, and pay US taxes you areeligible. I strongly suggest getting help of a strong Immigration lawyer also to over the case. Forums are all good, but are not legal opinions. In either case, get your US citizenship you earned for at least for SS taxes you pay all these years (in case we are lucky and get that).
 
sick_of_waiting said:
My question is that my kids were born here and are thus U.S. citizens. Is it okay if I leave them in my home country with my parents so that their education is not interrupted? Since their citizenship status has nothing to do with my wife and my status, do you think that the IO would ask about the kids?
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Having your kids living overseas on a permanent basis would certainly count against you if the IO were to question your intent to reside in the US. You may be able to offer sufficient evidence that you really are residing permanently in the US and only visiting India, but it will make your case that much harder to prove.
 
being outside the USA for long periods

The advice to get to an immigration lawyer is wise. Be sure your immigration lawyer is in your state of residence in the US, and is a member of AILA, the American Immigration Lawyers Association, a national association of attorneys who practice and teach immigration law.

There are exceptions to being outside the US for longer than six months, but the rules must be followed very exactly or you could lose your permanent resident card.

Intent is important. You cannot vote as a permanent resident, of course, but officials will want to see / know evidence that you are making the USA your home. There is still "spirit of the law" as well as "letter".

If you are responsible for aging parents, that's one thing. If you're comfortably living in your passport country and "visiting" the USA, it will show.

I'm a citizenship teacher NOT a lawyer, not even close!
 
I can understand where Maduraikaran is coming from.

My suggestion...why not continue to work and stay in the US and in the meantime, just go back to India for vacation to visit your parents. In the meantime while you are waiting to become a US citizen, maybe you can have some relatives look in on your parents to ensure they are alright.

This way, you don't jeopardize your chance to become a US citizen or lose your green card (since you won't be away for a long time).

Then, once you are a US citizen, you can be in India for as long as you need to be to look after your parents. Also, you could try to bring your parents over to the US to stay with you.

I do agree with other folks like Boatbod that staying in India for a long period of time and just visiting the US is not a good idea.

Hope you will be able to find a happy medium :)
 
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