How long i can stay outside the US and still apply for a Naturalization?
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How long i can stay outside the US and still apply for a Naturalization?
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First of all let me thank everybody in advance for the attempt you will make to answer this question.
I am an italian citizen who got married to an American Woman (Us Citizen) 6 years ago. After 2 years of paperwork i finally received a 10 years green card therefore i am a Permanent Resident Card holder. I work and live in the US for 7 years straight with coming back to my country (Italy) for vacation not more then 30 days a year. This past October 2008 i had to come back to Italy for various reasons and i am still here after five months, April 2009 will be my sixth month. I really don't want to stay away from the US for too long because i do not want to jeopardize my immigration status and i also want to apply for a naturalization when i come back to the US. So after a brief explanation here is my question.
How long can i stay away from the US without a re-entry permit and also to be able to still apply for a Naturalization?
I want to precise that i have been already on www.uscis.gov but some info are very confusing who says 6 months and then i have to get back into the states or less then a year to still be able to apply for naturalization. Anyway i hope you can help me out otherwise before the 6 months are up i must return to the US and at this moment i can't.
Thank you all!
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George L
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This is from the www.uscis.gov site.
General Naturalization Requirements
Residence and Physical Presence
An applicant is eligible to file if, immediately preceding the filing of the application, he or she:
has been lawfully admitted for permanent residence (see preceding section);
has resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing with no single absence from the United States of more than one year;
has been physically present in the United States for at least 30 months out of the previous five years (absences of more than six months but less than one year shall disrupt the applicant's continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period)
has resided within a state or district for at least three months
So, stays outside the US of more than 6 months can be problematic, and you'd have to establish that it was never your intent to abandon your residency. If you continued to file and pay your US taxes, that's often sufficient evidence in and of itself. Part of the confusion is that while stays of more than 6 months can disrupt your residency requirement, they don't always. in the end, it's a judgement call on the part of USCIS and that can be difficult to predict. but you are allowed to provide additional evidence to support your application, if required. |
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Maria
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1) you do not need a re-entry permit if you plan to return to the Sates within one year since the time of your departure. I know you said you're working on 6 months in April.
2) You must be physically present in the States when you APPLY for a work permit, but not necessarily wait for its approval, unless the country you are going to / will return from is on the list of countries that require an applicant to go through the bio-metrics prior to departure.
This is where you need to go to basically hear it from the horse's mouth :
1) www.uscis.gov
2) Forms
3) Application for a travel document - Form I-131
The information that I provided above is from this form, so avail yourself to it.
Also, you may call the US Citizenship and Immigration Services
They have an international toll free number which is 1-800-767-1833.
Talk with an officer and explain your situation. They're friendly and informative. |
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stephane
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Hi, ok i have a green card but stay in my country 3 years now but i want to go back to the usa and i didn't do the re enter permite because i didn't know about that. now my question is, if i go back tomorrow an i just do like i was in vecation and cameback show my passport and my green card and when they ask me how long i was outside and i say 23 month. will they check or i might be lucky and let me pass?
thanks |
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