Will I get citizenship?

G

gabbar007

Registered Users (C)
Hello friends,
I apologize if this has already been discussed before, please point me to the appropriate link. Here is my situation :

- Received Green Card in March' 2002
- Have been staying before and since then continously in US.
- I have to go back to India temporarily for 3-4 years, need to take care of certain responsibilities, but dont want to loose on citizenship.
- I will be eligible to apply for Naturalization in Dec'2006.

Can I do this, and will this work (even if it means it is a little risky). All I need to know is there a chance it will work, or it will not work for sure.

- Return to India in June '2006, the timing is such that my kids can get school admission.
- Fly back (within 6 months) in Dec'2006 to USA, apply for N400 and promptly leave back for India.
- From that point onwards, fly back to US on a need to be here basis as required by the N400 process or be here atleast once in 6 months (alternatively apply and hold re-entry permit, which I would apply in Dec'2006).

Will this work?

Best regards and thanks in advance.

Gabbar007
 
Here is my suggestion:
1. Take reentry permit as you are planning. Apply well before you leave US.
2. File N400 in Dec. 2006 while you are in USA, do not file from india
3. Make sure none of your trips out of US is more than 6 months( say 175 days for being safe).
4. Keep a close count of Number of days in US all along from the date you file your N 400 till your oath. Make sure you have days in US more than 30 months during last 5 years as on i) date of filing N400 and ii) as on date of your interview and iii) as on your date of oath.
5. File your tax returns in US as LPR every year
6. maintain your PLR status in all other ways as you probably know by now.
7. One last thing, if possible, keep your family in USA at the time of your interview. This will help estabish your ties to US just in case they ask at the interview. This is not a must , but you can think of it if possible.
8. In case you have a minor child with GC, he/she will automatically become a USC on the day you take oath and get your Natz Certi., if you that minor child is in US( that is if he or she is in US at time of your oath or after your oath)
 
Hey my two cents...

Like Radni says, come back every 6 months and take every precaution to maintain your PR status...

The re-entry permit by itself only guarantees that you can retain your greencard - it DOES NOT IN ANY WAY help with the continuous residence requirement...I learnt this the hard way when I got rejected at my first citizenship interview in 1998...

But I agree, it doesn't hurt to apply for it - in case you can't return from India every 6 months, you may lose your eligibility for USC, but at least you haven't totally lost your greencard....

Good luck!

Ratrat
 
Immigration officers at the port of entry can use any long period or periods of stay abroad to judge that a person has "voluntarily" given up their PR status.
It doesn't usually happen but it depends on how the officer is feeling that day.
 
gabbar007 said:
- Fly back (within 6 months) in Dec'2006 to USA, apply for N400 and promptly leave back for India.
Click to expand...

How will you be able to prove residence for the previous 90 days in the state where you are applying?
 
How will you be able to prove residence for the previous 90 days in the state where you are applying?

It is not clear to me that you have to be a resident for the 90 days immediately preceding, my interpretation is I should be a resident of the state in which I am applying atleast for 90 days. In my case I would be a resident of that state for close to 8 years.

I think this provision is for people not to move to a different state and apply for citizenship, to take some advantage like faster processing times etc.

Anyone have a definiteve interpreation for this 90 day residence test?

Thanks
Gabbar007
 
gabbar007 said:
How will you be able to prove residence for the previous 90 days in the state where you are applying?

It is not clear to me that you have to be a resident for the 90 days immediately preceding, my interpretation is I should be a resident of the state in which I am applying atleast for 90 days. In my case I would be a resident of that state for close to 8 years.

I think this provision is for people not to move to a different state and apply for citizenship, to take some advantage like faster processing times etc.

Anyone have a definiteve interpreation for this 90 day residence test?

Thanks
Gabbar007
Click to expand...
Here is link -
http://boards.immigrationportal.com/showthread.php?t=155688&highlight=90+days+rule
 
thanks svj

I guess as long my trip (vacation) are for less than 6 months, I would be OK to file and not have to worry about the 90 day test.
 
You must log in or register to reply here.
Top