Permanent Resident moving abroad for 1 yr.

[mboyle]

My husband has been in the US more than 5 years (with permanent residency since June 27, 2002), and I have a job offer abroad for a contract period. We leave Sept. 23. We don't know the exact duration of our stay abroad (1-2 years), but as a permanent resident from the UK, he may have issues coming back if we don't do this the right way. Please let us know if you have any knowledge regarding these questions:

1) Do we have time to get him US citizenship?
2) Would a lawyer expedite the process?
3) Would submitting the N400 restrict him from living abroad for a given time if he doesn't acquire residency prior to leaving?
4) If instead of submitting the N400, we apply for the re-entry permit, we understand that the period of continuous residence would be broken. Would the four years as a perm res and 5 years married and living in the US be sufficient to still allow him to apply for citizenship upon our return?
5) Can we apply for the re-entry permit and citizenship at the same time, or would that be unheard of?

Thank you so much for any suggestions or sharing your experiences!

[curiousone]

My husband has been in the US more than 5 years (with permanent residency since June 27, 2002), and I have a job offer abroad for a contract period. We leave Sept. 23. We don't know the exact duration of our stay abroad (1-2 years), but as a permanent resident from the UK, he may have issues coming back if we don't do this the right way. Please let us know if you have any knowledge regarding these questions:

1) Do we have time to get him US citizenship?
2) Would a lawyer expedite the process?
3) Would submitting the N400 restrict him from living abroad for a given time if he doesn't acquire residency prior to leaving?
4) If instead of submitting the N400, we apply for the re-entry permit, we understand that the period of continuous residence would be broken. Would the four years as a perm res and 5 years married and living in the US be sufficient to still allow him to apply for citizenship upon our return?
5) Can we apply for the re-entry permit and citizenship at the same time, or would that be unheard of?

Thank you so much for any suggestions or sharing your experiences!

1. No
2. No
3. Not applicable to him............he has already acquired the required residency
4. A LPR can apply for citizenship after just 3 and not the usual 5 yrs if he's still married to USC....so yes he already has enough to apply
5. I think since he already has the required yrs I dont see why he cant do both.....

Either way you must apply for the reentry permit so as not to risk him losing the residency.....applying for citizenship does not cure that. He cannot stay outside the US for 2 years without a reentry permit and still retain his green card.

[mboyle]

3. Not applicable to him............he has already acquired the required residency

5. I think since he already has the required yrs I dont see why he cant do both.....

Either way you must apply for the reentry permit so as not to risk him losing the residency.....applying for citizenship does not cure that. He cannot stay outside the US for 2 years without a reentry permit and still retain his green card.

On point 3, I meant to say, "Would submitting the N400 restrict him from living abroad for a given time if he doesn't acquire CITIZENSHIP prior to leaving?

We will talk with the USCIS/INS about doing both, and we will definitely appy for the reentry permit. Thank you!

[curiousone]

Just a PS............if you ahve never done so before.............be careful about relying on what u hear from a customer service rep on the USCIS I-800 number.............theyre not immigration officers just customer service agents........if u hav eany concerns, make an appt tru infopass and speak with an immigration officer............but I'm certain he cannot get citizenship prior to leaving and that he must apply for and preferably receive a reentry permit prior to leaving in or der to retain his green card

[mboyle]

Hi Curiousone,

We HAVE used the hotline and received wrong info, then waited in line from 5:30 am at the Los Angeles INS to find out it was unnecessary! So do you know about the process because you have gone through it?

We are very interested in getting both the reentry permit and filing the N400 at the same time. I wrote 2 lawyers who offer free advice on the internet, and both answered my questions up until when I asked if filing the N400 would restrict him from traveling in any way. Both suggested we come to their office for a consult and neither of them are even on the West Coast.

We may just book an appt. This is an improvement from the past. Unfortunately we are 4 hours away, so it is quite a commute, and now that we have kids...I guess my husband can go alone...

[curiousone]

No, I have never done it but i work in the field and Ive dealt with those people enough to know that they dont know jack!

I am positive but please double check that both can be done. Once a person files a N-400 nothing precludes travel outside while the application is pending and unlike other applications, it is not considered abandoned if one travels outside the US.

This is what I know: if you ahve been away from the US for more than 6 months at a time, there is a presumption that you gave up your US residence for naturalization purposes, although thi sdoes not necessarily mean that you lost your green card but it would mean that the # of years requiremnt would start over.

My take is that once you met that residence requiremnt at the time of application then theres no problem whether you leave subsequent. Even if there would be, the reentry permit combats any presumption of abndonment/loss of residence so again I say yes, you can do both.

But my best advice would be to make an appt with infopass and go in, despite the 4 hr ride...........both persons dont have to go.

[mboyle]

Thank you! I feel better knowing the justifications behind answers We'll have to go down south for other processes, so we'll just schedule the InfoPass at the same time and make a trip of it. We'll apply for the reentry permit sooner, since we will be getting it no matter what. Thank you again!

[curiousone]

best of luck!.........when you go , post an dlet us know what the IO said...........it helps to know whether I was on the right track