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  • Help me with this situation

    I got my green card in 2019, and I moved to India on 2021 (August) after staying in USA for about 26 months.

    while moving to india I got a Re-entry permit for 2 years which is valid till February 20224.

    Now I am planning to come back to USA and apply for CItizen ship is that possible?
    after staying in USA for 1 year can I apply?​

  • #2
    No. One of the requirements of naturalization is that you must have had continuous residence as a permanent resident for the past 5 years. It sounds like you have broken continuous residence.

    An absence of between 6 months and 1 year is presumed to break continuous residence, although this can be overcome with certain strong evidence of ties. If you cannot overcome this presumption, you have to wait until 4 years and 6 months after your return before you can apply for naturalization.

    An absence of more than 1 year definitely breaks continuous residence, even if you have strong evidence of ties. However, having those strong evidence of ties (that would have overcome the presumption of breaking continuous residence for an absence of between 6 months and 1 year) can reduce the wait time until you can apply for naturalization from 4 years and 6 months after your return to 4 years and 1 day after your return.

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      Thanks for your response.
      which means as per your knowledge if I need to apply for citizenship in the hard way I have to be there for 4 years in USA.
      Which seems to be a bitter truth for me to digest

      meanwhile is there any other way I can maintain my Green card status by staying in INDIA?
      also, my kids (11 and 9) are both of US citizens if I lose my GC now after 18 years of my kids can they sponsor me citizenship?
      is that a tedious process?

      why I am staying India I am not getting an option through my current company for a permanent transfer

      Options for me find other ways to come to USA for work gain citizenship and settle.

      I am not sure is the right forum to discuss all of these but unfortunately, I am not getting any suggestion that helps to take a decision.
      I am very thankful to you






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      • #4
        Originally posted by srinivasremala View Post
        also, my kids (11 and 9) are both of US citizens if I lose my GC now after 18 years of my kids can they sponsor me citizenship?
        Your US citizen child can petition you to immigrate (i.e. to get a green card) when they are 21 years of age or older. They would need to be domiciled in the US in order for you to immigrate.

        This is my personal opinion and is not to be construed as legal advice.

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        • #5
          Thanks for the information.

          Comment


          • #6
            if I decided to apply for new reentry permit what are the requirements in my situation?
            I need to stay in United States for about 60 days?
            do I need to have any Payslip that time or stay is enough?

            Comment


            • #7
              Originally posted by srinivasremala View Post
              if I decided to apply for new reentry permit what are the requirements in my situation?
              I need to stay in United States for about 60 days?
              do I need to have any Payslip that time or stay is enough?
              You need to be in the US on the day the application is officially received by USCIS. (It is safest to wait for the receipt, but as long as you are sure that the "received date" on the receipt will be a date when you were in the US, it is fine.) You also need to be in the US for the biometrics appointment. Other than that, you do not need to be in the US.

              This is my personal opinion and is not to be construed as legal advice.

              Comment

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