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Citizenship eligibility info (I am really depressed need help)

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  • Citizenship eligibility info (I am really depressed need help)

    Hi,

    I am a permanent resident and have two kids who also have green cards. But unfortunately my husband does not have a greencard since I got married after I got my greencard. Now I am away from my husband for past 2 years. Applied for his I-130 but it takes a long time to get approved. My children miss their dad and keep asking about him all the time. I am really depressed with the whole situation and tired of waiting, don't know if there is any way my spouse could come here. V visa could have been an option if I had petitioned for him before dec 2000.

    Now the only option I have is to apply for citizenship,so I could bring my husband here soon. But I am not sure if I am eligible or for citizenship or not. Since past 5 years 1999 to 2003, I was coming to U.S only to maintain my PR status staying for a month, and then out of country for the rest of the period (as then my kids were too small and it was difficult for me to stay without my spouse). It was not until june 2001 that I decided to move here, and actually continuously resided since then. So in dec 2003 it will be 2.5 years of continuous residency, but I have actually disrupted my
    my continuous residency requirement by staying out of the country for more than six months before 2001. Can I still apply for citizenship in dec? Any help on this would be greatly appreciated.

    Thanks,

    Mandy

  • #2
    Hi,

    I am a permanent resident and have two kids who also have green cards. But unfortunately my husband does not have a greencard since I got married after I got my greencard. Now I am away from my husband for past 2 years. Applied for his I-130 but it takes a long time to get approved. My children miss their dad and keep asking about him all the time. I am really depressed with the whole situation and tired of waiting, don't know if there is any way my spouse could come here. V visa could have been an option if I had petitioned for him before dec 2000.

    Now the only option I have is to apply for citizenship,so I could bring my husband here soon. But I am not sure if I am eligible or for citizenship or not. Since past 5 years 1999 to 2003, I was coming to U.S only to maintain my PR status staying for a month, and then out of country for the rest of the period (as then my kids were too small and it was difficult for me to stay without my spouse). It was not until june 2001 that I decided to move here, and actually continuously resided since then. So in dec 2003 it will be 2.5 years of continuous residency, but I have actually disrupted my
    my continuous residency requirement by staying out of the country for more than six months before 2001. Can I still apply for citizenship in dec? Any help on this would be greatly appreciated.

    Thanks,

    Mandy

    Comment


    • #3
      Probably not--an Indian friend of mine held a green card and lived here continuously for 12 years without applying for citizenship. He lost his job, took one overseas, and was out of the country for a couple of years (maintaining his PR status). Immigration told him he would have to return to the US and stay continuously for another 2 1/1 years before he could apply.

      Check with a lawyer--I'm not one.

      Comment


      • #4
        Thanks for your response AliBA.

        Comment


        • #5
          Hey everyone,

          This is really important for me, I am affected very badly due to this. Need more response and suggestions from you, any attorneys here could provide some input?

          Thanks in advance.

          Comment


          • #6
            Mandy:

            When did you apply I-130 for your husband. Please provide receitp date.

            Comment


            • #7
              Hi: Mandy:

              Its a time consuming process. I am not sure Tak is an Attorney or not, you will have to collect all documents, since your marriage.
              Once you have this then write back we will see what can we do to help you.
              Some one was talking to me about the similler type of case, are you from Hydrabad.

              Comment


              • #8
                Naturalization Eligibility Worksheet, hope this would help.

                http://www.immigration.gov/graphics/...&DebugLevel=2b

                Comment


                • #9
                  Hi Everyone,

                  I thank everybody for their response.
                  First I am from Delhi and not from hyderabad.
                  I applied for my spouses I-130 in Nov 2001.
                  Here is my story :
                  I came to US in Aug 1992 on a family based immigration. I stayed here for a year and then went back to india in Sep 1993 to get married to the person I was in love with. I took a 2 year re-entry permit. I came back to US in 1996 Feb with my two children, who were granted greencard at the port of entry. I stayed here for a month and then went back to india with a two year reentry permit. Then I came again in 1998 for 2 months, this time did not take a reentry permit. After that I came every year in 1999 and 2000 to maintain my PR status. And finally in 2001 june I decided to settle here. And since then I have been living continuously.

                  Thanks in advance for your kind help.

                  Mandy

                  Comment


                  • #10
                    Hi:
                    Mandy you have lived in the United States for only 17months only.
                    You arrived in US in Aug.1992, left sept.1993
                    since 1998 you were mainting your residency only.
                    You have a long wait. Total time required is 5years,you can file your N-400 6month before. You need 43 months more before you can Natrulized as citizen.

                    Comment


                    • #11
                      Hi Mandy
                      If you have kept good moral character,
                      you may apply only if it does not risk
                      your PR itself.
                      It may end up just wasting money and time.
                      Assuming you maintain your resicdency
                      not only just visiting the USA also
                      never fail to file tax form and
                      pay tax.
                      And keep your apartment or home in the USA.

                      If you apply now, you most likely have to
                      prepare those document
                      (proof of tax return and proof of payment of apartment or having home in the USA during
                      your long physical absence from USA.
                      Otherwise, you have to wait for another
                      4 yesrs and 1 day after your return to the USA
                      minus 90 days.
                      (If you did not have home or rent apart here,
                      it should be counted from the first time you
                      have your own address in the USA)

                      Comment


                      • #12
                        Hi Goodsun,
                        Thanks for replying, the info you have provided here is very useful.
                        I have maintained a good moral character all this time.
                        I want to let you know that in dec 2003 it will be 30 months of my continuous residence. I never had my own apartment in US so there is no question of paying rent, but I did have a bank account, also my brother and sister were residing in the US. I also did not file any tax returns during those period as I never worked while I was here. Even now I am staying with my brother. Is there still any chance they might consider my case. Do you think if BCIS denies my application they will still keep the money.

                        Comment


                        • #13
                          Mandy, BCIS will send you back the money with 19.5 % APR! };-)

                          No seriously; you need to consider yourself lucky if you're able to prove that you never abondened your LPR status here before you can consider naturalization! Good luck!

                          Comment


                          • #14
                            Hi Goodsun:

                            Dont you think that she must have file the N-470 to preserve her residence for naturalization purposes for all that time she has resided in US?

                            Comment


                            • #15
                              Hi Mandy

                              Then, you MAY be OK, or not.
                              Besically I-130 does not preserve the
                              continuous residency for Naturalization purpose.

                              As FSN said, one way is N-470, but
                              this requires you should work for an American
                              based organization and you have to work outside the USA by order and support of an Amaerican based organization,
                              so I believe you were not eligible for this.

                              Regarding the tax form,
                              the all source for income not only from the USA, but from India are also counted
                              for tax return for PR.
                              I am not sure, but
                              you may be asked how you supported yourself in the USA and also in your country and possibly the evidence of those.

                              I do not think your case is easy one
                              for "naturalization" at the present time.
                              and also
                              I storngly suggested that you make sure first that your application for your citizenship never ever causes the lost of your PR since your last long absence was without reentry-permit, actually the tax return is one of very strong supporting evedence that you did not abandon your intention to lose PR. But since you are not required,you do not have the evidence.

                              I think the chance of the lost of PR
                              probably low but the chance of the
                              denial of your naturalization is
                              fairly high judging from what we know about
                              your situation.

                              Comment



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