Eligibility based on periodic absences


amitmaha

Recommended Posts

We are checking on the possiblity of applying citizenship of my wife who is about to complete 5 years on Green card in September '18.

When she received the Green card in September '13,  she was in india, had left for India in June '12 for pregnancy and since then been in India.  

2 months later her Green card arrived, she came with the baby came to the US. 

During ther absense in US from June '12 to November '13 (17 months), she was on EAD status for 15 months and Green Card for 2 months.

Inorder to keep the status of EAD, she came to USA after completing 179 days of stay india and left after 10 days.

Since past "6" years her absence from USA is 591 days (i.e., 179 days + 142 days + 179 days + 60 days + 31 days).  

From the start date of Green Card (that was in middle when she was in India) her absense from USA is 270 days (i.e., 179 days + 60 days + 31 days) --  cumulative 9 months.

She never had issues at POE because of keeping the less than 180 days rule always, other than comments by officials such as "you like india better" etc. 

Two years back I applied a re-entry permit for her, but since she did not travel to India since past 2 and 1/2 year, the re-entry permit got lapsed and un-utilized.

The question is, will she be eligible for citizenship right now or after one year, based on her previous absences?

Your opinion is regarded highly.

Sincerely,
Amit M
 

Link to comment

Dear Attorneys and Experts,

Request your kind opinion if below could be an issue you think.
Otherwise, we assume everything is okay, and pursue towards applying for citizenship goal 90 days before 5 year completion.
Once again forum and your attorneys over the phone have been helpful before. 

Thank you.

Sincerely,
Amit M

 

Link to comment

Thank you, JoeF.

In short summary,

- 5 years completion on Green card in September '18.
- When Green card came in September '13, was in India on long vacation.  Vacation period ->  June '12 to March '13 (9 months) and April '13 to November '13 (179 days).

- During the 9 months absence, was on EAD/AP. 
- Since start date on Green Card (not the day arrived from India after green card) -> cumulative absence = 270 days (179 + 60 + 31 days).

Will the 9 months absence on EAD/AP or other absence (179 days while on green card) be an issue is the question?

Sincerely,
Amit M
 

Link to comment

Hello Experts,

Any insight is appreciated,

- 5 years completion on Green card in September '18.
- When Green card came in September '13, was in India on long vacation.  Vacation period ->  June '12 to March '13 (9 months) and April '13 to November '13 (179 days).

- During the 9 months absence, was on EAD/AP. 
- Since start date on Green Card (while in India) -> cumulative absence = 270 days (179 + 60 + 31 days).

Will the 9 months absence on EAD/AP or other any absence (like 179 days while on green card) be an issue is the question?

Thank you,

Amit M

 

Link to comment

Archived

This topic is now archived and is closed to further replies.