GreenCard Validity - Citizenship

[tvsai]

My wife, daughter and I all have got our GreenCards in Jul, August 2004. Now Can I go to India for say 1 year and then if I come once in 6 months to US then will my spouse and Daughter's Greencards also stay current or should all 3 of us come once in 6 months to the US to keep the permanent residency status intact without invalidating the GreenCards.

Also how long Can I stay out of the country. My question is, can I stay for 10 years in India but still keep all 3 of our US GreenCards valid. My son was born in the US while my Daughter was born in India and got her GreenCard thru my employment.

Your expert insight into these questions will be GREATLY appreciated.

Thanks Much!!

Vijay T

[JoeF]

As PR you have to reside in the US. It is called "Permanent Residence" for a reason.
Living abroad and coming to the US once in a while is not enough.
You can of course temporarily be abroad, e.g., for vacations.

[tvsai]

Citizenship

Thanks for your quick reply. If I plan to stay out of the country for say 2 - 3 years, then what I should I apply for, should I do something like fill form for advance parole, re-entry permit etc. Can you throw some light on that.

Thanks

Vijay T

[tvsai]

Citizenship

Also, for job reasons I am out of the country what will happen to the validity of all our GC's (me, my wife and 1 daughter). Are the 5 years of stay needed for citizenship after greencard actually the "the number of days stayed in USA". but then what will happen if I alone come once in 6 months to USA. then will my dependants GC's be valid too (even if they don't come to USA).

Regards

Vijay T

[JoeF]

Re: Citizenship

You mix two things here:
- requirements for citizenship, and
- requirements to keep the GC.

To keep the GC, you need to reside in the US. Temporary absences from the US are allowed, of course. But that needs to have a clear ending date. For example, if your US employer sends you on an assignment abroad for 2 years, that's ok, provided you get a reentry permit.
However, simply going abroad, and getting a job abroad, is not going to work.
Also, you have to file US tax returns as resident, even if you are abroad, and you have to declare your worldwide income.

For eligibility for citizenship, you obviously need to have a GC. That means that all the things above have to be taken into consideration. In addition, you need to have 5 years of continuous residence in the US, which means that no single trip abroad can be over 6 months. And you have to have at least 30 months of physical presence, and you have to live in the district you apply for 3 months.

All these things apply to everybody with a GC. Your dependents don't lose their GC if you lose yours. All GCs stand on their own. Minor children usually get citizenship when their parents become citizens.

[tvsai]

citizenship

Thanks for your reply. Specifically my scenario is this:
My US employer is about to send me in 2005 on a 5 year assignment to India. I had earlier got my GC in June 2004 and my dependants got their GC's in Aug 2004.
we will all be back in the US from India in 2010. So, the question is in 2010
1. what will happen to the GC's we received in 2004 and
2. to be eligible to apply for citizenship do we have to wait for 5 years after we get the new GCs after applying for the same in 2010 or can we still use the 2004 approved GC's and stay in the US for the 30 months before applying for naturalization.
3. Also, before I go to India in 2005 (and return to the US in 2010) do I have to fill and get an approved re-entry permit before I leave the country.

Please give your valuable suggestion.

Vijay T

[Venkat]

Gc - Citizenship

My understanding is that even the reentry permit for GC holder is max 2 years. If you are going more than 5 years probably you will loose your GC and might have to retry again in 2010 when you come back , from the scratch. That will take lets say 2 years and 2012 you will get GC and have to wait 5 years to apply for Citizenship. After 5 years to re enter to USA probably you may have to apply for H1 and start all over again. This just what I know from the forums and word of mouth. Please seek legal advice from either your companys attorney or outside. Good luck.