Citizenship Eligibility

[prudhvi31]

Hi,

 I have following questions about USA Citizenship Eligibility.

 

I got a green card on 27-Feb-2012 and stayed until 14-Jun-2016 and travelled to India due to some personal reasons after taking 2 years Re-Entry permit. Re-Entry permit is valid upto 17-Aug-2016.

 

26-Feb-2012  31-Dec-2012  309 days

01-Jan-2013  31-Dec-2013  365 days

01-Jan-2014  31-Dec-2014  180 days

01-Jan-2015   31-Dec-2015  19 days

 

After that i have travelled twice to USA on 14-Dec-2014 - 31-Dec-2014 (16 days) and

13-Dec-2015 -- 31-Dec-2015 (19 days) to maintain continuous residence.

 

Since I have stayed more than 180 days out side of USA in 2015, I have lost the continuous residence? Please Clarify?  I am planning  to come back to US on Aug 2016 before Re-Entry permit expires and do I need to stay for next 30 months or 60 months to get the citizenship or Can I show the valid evidence to stay outside USA in 2015 (lost continue residence) and apply for citizenship in next year Feb 2017, 5 years from the date of green card received. 

 

Please help and advise how to proceed further on this case. 

 

 

Prudhvi

[JoeF]

You most likely broke the continuous residency. Traveling to the US once a year for a few days is not likely to help with keeping continuous residency.

You would be eligible 5 years after your return to the US, provided you don't have such long trips abroad anymore.

[prudhvi31]

Thanks Joe for the update. As I have mentioned, In 2015 year only I have stayed out of US for more than 6 months due to my father health issues. Can I show valid documents to prove my continuous residency and will be able to apply for citizenship in next 8 months (Feb 2017) after I return back to USA or do I need to stay for next 30 months or 60 months after returning to USA to apply for citizenship. Please Clarify?

[JoeF]

It depends on the facts of the case. The examiners have the discretion to deny things.

For example, did you file US tax returns? Did you have a job abroad?

Your best option would be to discuss your situation with a good immigration lawyer.

[prudhvi31]

Thanks Joe for the update. Yes. I have filed US tax returns for both the years 2014 and 2015. Yes. I have a job in abroad, but working for same company where they have office in India. It is kind of Job relocation from US to India. Now I will be relocating again from India to US through same company. Are these things will be an added advantage or it is really depends on the examiner discretion. 

[JoeF]

Generally, taking up a job abroad can be a red flag, an indication of having abandoned the GC.

Being sent abroad by a US company, with a clear ending date, is generally much less of a problem.

As I said, it is best to have an immigration lawyer look over all the facts in your case.

[prudhvi31]

Thanks Joe for the update and suggestion.Let me reach out to immigration lawyer and discuss with him about all these facts in my case as per your suggestion. Do you suggest any immigration lawyer who can help me?

[JoeF]

You are on the forum of a good law firm...

[prudhvi31]

Thanks Joe for the update. I will reach out to Murthy law firm attorney and discuss with them about my case. 

[RaoS1]

Any update on this topic? What was the result? I am in a similar situation. I had continuous residence for more than 5 years after getting green card. After more than 5 years, due to family emergency, I have to move to India and stay more than 1 year using reentry permit. Did I break the 5 year continuous residency due to this even though I stayed more than 5 years after getting GC before going to India?