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Hi ,
I would highly appreciate if somebody can give me pointers to my citizenship issue. My case is:
We are a family of 4 with my son a US citizen by birth. Me (42 yrs) , my wife (31 yrs) and daughter(13 yrs) have green cards and all 3 of us have re-entry permits till 7/2008 with my wife, daughter and son in India. My info is:
1. I got my Green card in 5/2004 and have a CA registered
company (S Corporation) since 5/2004.
2. I moved to India from US on 8/1/2006 with a re-entry
permit valid till 7/2008.
3. I worked in the US between 2/13/2007 and 10/3/2007 and again from 11-20-2007 to 5-30-2008.
4. I have already completed the physical residence requirement of 30 months and per my understanding of the law I will get eligibility to naturalize on 2/2009-- The only issue is I stayed in India for 6 months and 10 days or so between 8/3/2006 and 2/12/2007 and I was on re-entry permit during that time. For such stay of 6 months and 10 days what happens to the continous redsidence and physical residence from 5/2004 till 8/1/2006).
5. My family will be joining me for a month in May
2008 (since 8/1/2006 my wife came to the US from
9/10/2007 to 10/3/2007 and again from 5/4/2008 to
5/30/2008. My daughter will be staying in the US from
5/4/2008 to 5/30/2008) after which all of us plan to go
back to India (I can file for their re-entry permit extentions
when they are physically in USA, if needed).
I plan to come to the US on 11-1-2008 and file for
citizenship on 2-21-2009.
My questions are:
1. when I file for citizenship, will my unmarried
daughter (born in 1995 in India) be automatically
naturalized and also what about my wife who is on a
Green Card and on re-entry permit. Will she also
become eligible to apply for citizenship even though
she is in India. Should I file an extention to her
re-entry permit so that she meets the continuous
residence requirements.
2. Does my daughter have to be physically present in
the US when I get naturalized or can she get
naturalized at an Indian Consulate, in India.
3. Do I have to file extention to re-entry permits for
all 3 of us (me, wife and daughter).
4. does any period of stay in the US subsequent to
green card when on re-entry permit count towards the
physical/continuous residence.
I plan to hire a lawyer to file my and maybe my family's naturalization but need to know the various options before I hire and pay them.
I need to know if it is a feasible thing before I
hire a lawyer you and start the process.
Thanks
VJ
I would highly appreciate if somebody can give me pointers to my citizenship issue. My case is:
We are a family of 4 with my son a US citizen by birth. Me (42 yrs) , my wife (31 yrs) and daughter(13 yrs) have green cards and all 3 of us have re-entry permits till 7/2008 with my wife, daughter and son in India. My info is:
1. I got my Green card in 5/2004 and have a CA registered
company (S Corporation) since 5/2004.
2. I moved to India from US on 8/1/2006 with a re-entry
permit valid till 7/2008.
3. I worked in the US between 2/13/2007 and 10/3/2007 and again from 11-20-2007 to 5-30-2008.
4. I have already completed the physical residence requirement of 30 months and per my understanding of the law I will get eligibility to naturalize on 2/2009-- The only issue is I stayed in India for 6 months and 10 days or so between 8/3/2006 and 2/12/2007 and I was on re-entry permit during that time. For such stay of 6 months and 10 days what happens to the continous redsidence and physical residence from 5/2004 till 8/1/2006).
5. My family will be joining me for a month in May
2008 (since 8/1/2006 my wife came to the US from
9/10/2007 to 10/3/2007 and again from 5/4/2008 to
5/30/2008. My daughter will be staying in the US from
5/4/2008 to 5/30/2008) after which all of us plan to go
back to India (I can file for their re-entry permit extentions
when they are physically in USA, if needed).
I plan to come to the US on 11-1-2008 and file for
citizenship on 2-21-2009.
My questions are:
1. when I file for citizenship, will my unmarried
daughter (born in 1995 in India) be automatically
naturalized and also what about my wife who is on a
Green Card and on re-entry permit. Will she also
become eligible to apply for citizenship even though
she is in India. Should I file an extention to her
re-entry permit so that she meets the continuous
residence requirements.
2. Does my daughter have to be physically present in
the US when I get naturalized or can she get
naturalized at an Indian Consulate, in India.
3. Do I have to file extention to re-entry permits for
all 3 of us (me, wife and daughter).
4. does any period of stay in the US subsequent to
green card when on re-entry permit count towards the
physical/continuous residence.
I plan to hire a lawyer to file my and maybe my family's naturalization but need to know the various options before I hire and pay them.
I need to know if it is a feasible thing before I
hire a lawyer you and start the process.
Thanks
VJ
