Trip to India and Naturalisation Due date

[teachinusa]

Hi!

I have found all threads on the forum really helpful so couldn't resist becoming a member myself to get answer to the query that I had.



I'll be eligible to file for citizenship in mid of Sept ,2010.

I plan to travel out of country for approximately 1 month to 45 days ( duration undecided but wouldn't be more than 45 days) and expect to be back in country by mid of Aug.

Is it OK to come back to US and apply for citizenship after a month in Sept or would it be advisable to wait longer ?IF YES ,HOW MUCH LONGER.

Or simply not take the trip?


I have stayed in USA for long enough periods with short trips out of country (within the time lines provided by immigration rules)


Thanks in advance .

[akhan]

you have to be in US for 3 months before you can file for citizenship. whenever you file, you need to be in the same place from where you are filing for 3 months. And also if you take a vacation after you file for citizenship, your process will/could be delayed for 2-3 months or maybe more for verification, as to where you've been and why, etc, etc..

[teachinusa]

Trip to India and Naturalisation Due date

Thanks for the reply.

Just to add on more clarity to my question:

I have been in the same city /address for over 5 years.

But I'm wondering a trip right before filing my citizenship to India ,would it raise any issues or not.

If I return in mid of August and file in October would it be a problem.


Kindly help out.

[akhan]

You can file for citizenship 90 days before the completion of your 5 years.
For example: if someone got their greencard on 1st april 2005, they can file for citizenship on 3rd january 2010 and they have to be in US from Oct 2009.

It doesn't matter if you were in the same place for 5 years or not. But before filing you must be in the same place for 3 months. You said you are eligible in mid-september. If by that you mean you will be completeing 5 years in sep, then you can file 90 days earlier. So that would be mid june. So you can file now.
The rule is:
1. You can file for naturalization 90 days prior to completing your 5 year stay in US
2. Be present in US 3 months before you file.
This is the earliest you can file. You can always file later, it doesn't matter but the second rule must be applied.

And also a trip to India before you file, does not matter. If you take the trip after you file, then there could be some sort of verification as to where you've been and why. I don't think there should be any problems but there could be a slight delay. That's what our lawyer told us.

[Donna]

Ok to further ask...

If one gets the Green card August 2009, then eligible to apply in August 2012....(based on marriage)..

When they go to count the physical presence and time line, if one should apply say in October or November 2012(as opposed to the 90 days early May 2012)..Do they look backwards at physical presence/continuous from the DAY you apply for naturalization (ie.Oct Nov 2012 and go back 3 years from THTAT DATE ) or do they look at the day you got GC (August 2009 still through till the in Oct Nov 2012 -3 + years)..

Boy it is so hard when you have committments or sick family in different places and still follow it all without worrying if you've accidentally done something to hinder the process..

THanks for answer in advance..


Thanks!

[Donna]

Also...I will ask since it is related...

Suppose you have the Reentry permit for example starting Jan 2011 just say for the 2 years even though you will not be out for sure in any 6 months but do have to take trips due to father cancer...(getting permit in case)..

How would it work in this scenario:

if one is eligible to apply for naturaization in say August 2012 (prior to expiration on RE permit). Without a crystal ball knowing what my father in law health will be then (hopefully he is still ok), if the application is made for the naturalization in August 2012 and then GC holder still in that time period (ie-pretend travel in October 2012-still under the RE permit timeframe) it for the purpose of the sickness, How is that viewed in the citizenship process????? I am wondering if RE permit become invalid once you apply for naturalization, or if they ever grant it even though travel after application.

FINALLY- if they did not like the above situation and denied naturalization, is that a bad thing? Can you just reapply when things settle and is this allowable every so often (ie..can onlyt apply every 12 months, etc)???

I know I have lots of time..but I am just thinking about various scenarios since our lives have not been simple since 2008...But this is a very true scenario I can potentially see unfolding (plus or minus dates)..

Thank you so much..very helpful thus far..

BTW..I am the citizen but my husband is the GC holder and married for 15 years and we have just moved back in the US together since 2008. I am asking for him/our situation...

[teachinusa]

Thanks Akhan

You made my decision making so easy.I chose to stay back and not make a trip right now.

Thanks again