Question:
I have heard of the reentry permit. If we take this, how long can we
stay outside without losing our green cards and hopefully not
resetting our citizenship time. We have another 2.5 years to go before
we can file for our citzenship.
is there a web site that explains very clearly as to what the
requirements are?.
If I go to work for my company in India , can we use the job transfer
as a way of maintaining the green card?.
Answer:
My father is not doing well and I am strongly thinking of moving to
India temporarily. We hold a green card( my wife and I) and my son is
a US Citizen. We do not want to lose our green card.
I have heard of the reentry permit. If we take this, how long can we
stay outside without losing our green cards and hopefully not
resetting our citizenship time. We have another 2.5 years to go before
we can file for our citzenship.
is there a web site that explains very clearly as to what the
requirements are?.
If I go to work for my company in India , can we use the job transfer
as a way of maintaining the green card?.
I doubt we can keep our home. We might have to sell it or rent it out.
We do have stocks, mutual funds and IRAs that we can show as property.
If you have so much wealth why ask here? Consult an attorney and get the
proper advice.
What has it to do with welth, where somebody gets his information?
You can remain outside the U.S. for just under 2 years. Then you would have
to return to the U.S. Then you could leave and return again less than one
year later. During your visit to the U.S., you should probably apply for a
new reentry permit (these cannot be applied for when the applicant is
physically outside the U.S.)
We have another 2.5 years to go before
The citizenship application requires that at least 2.5 years out of the
immediately previous 5 years have been spent physically in the U.S. Also,
if you leave for more than 6 months at a time, you must convince INS that
you maintained permanent resident status.
Here are some websites on the topic:
http://travel.state.gov/visa;returning_alien.html
http://www.americanlaw.com/maintlpr.html
http://www.vkblaw.com/law/maintain.htm
http://foreignborn.com/visas_imm/entering_us/12returning-residentalie...
http://antaoandchuang.com/i-keeping.html
With a reentry permit, you can leave for up to two years. You can then
return and apply for another one. The third reentry permit, and
subsequent ones, would only be issued for one year.
As for naturalization, that's trickier. You must satisfy not just
residency requirement (having a GC for five years) but also physical
presence requirement. See
http://www.ins.gov/graphics/services/natz/require.htm for details.
In general, the requirements are that you must have spent at least half
of the last five years physically in the US, and there must not have been
any absence of more than six months. There are exceptions to that rule.
Also, you must have resided in the district where you are applying for at
least three months.
Basically, that means that in order to be naturalized, you would have to
do the following:
- return every six months (not a day over six months!) for a few days.
- move back to the US after 4 years and six months since you got your GC.
You can then apply three months later (three months before the fifth
anniversary) and be naturalized.
One more catch that is easy to overlook: if you wait until you were out
of the US for more than 2 1/2 years, your physical presence would have
been too far in the past, and would have to wait another 2 1/2 years before
you are eligible for naturalization.