Giving up green card--will that affect my future naturalization application?

[Happydude 0]

I'm not sure if this is the right place to ask my questions, but I figure it's not gonna hurt so I'd like to start my posting here to give it a shot.

I got married with my US-citizen spouse in the summer of 2007, and got my permanent residency card upon the removal of conditions by the end of last year. This green card is good for 10 years, and I expect that I should be able to apply for naturalization in a few years.

The problem is I just got a very good job offer to work in the embassy in the U.S. for the counrty I was originally from. The offer along with excellent benefits including tax exemption is too good to pass. But by taking the job, I am afraid that the tax exemption status is going to draw a lot of problems. Not to mention I'm not sure if dual cizenship is acceptable for either side of governments(though permanent residency is not legally considered citizenship yet). Even though I am not certain how anyone is going to find out, I don't want any trouble. Therefore, I am thinking about giving up my green card.

However, by giving up my current green card I am wondering if I can still apply for naturalization directly after a few years when my contract with this job is up. Or do I need to start all over again though by then I'll be with my spouse for more than 7-10 years and we have kids? What are the conditions for anyone to apply for naturalization directly if he/she can prove to have been remaining happily in a truthful marriage? I am afraid the record of me ever giving up the green card will cause difficulties for me to apply for naturalization (or any other status if I have to start over) though by then I will be in the marriage long enough. What should I do to avoid it? I would very much appreciate any good advice here. Thanks.

[Little_My 464]

There was another thread about a similar topic on VJ recently, you can read it here:

http://www.visajourney.com/forums/topic/305981-go-from-green-card-to-g4-and-back-to-green-card/page__p__4618801__fromsearch__1#entry4618801

Normally, a person who became a legal permanent resident due to a marriage to a USC can apply for naturalization 3 years after initally being issued the GC. If you give up your GC before that, I do believe the naturalization clock will restart - meaning that if you now give up your GC for this position, and at some point later on re-apply for it, you couldn't apply for citizenship until you've had the new GC for three years.

For most embassy / consulate jobs, giving up your GC is a requirement. A person working for their embassy or consulate in the US is there on behalf of their respective homecountry, therefore simultaneously being a legal permanent resident of the US is often considered a conflict of interest. If it is a requirement to give up your GC for this position, the whole not paying taxes -issue is non-relevant, as it was not your choise in the first place, but a requirement of the job.

Giving up the GC for a job that requires you to take on another visa (probably the G4) shouldn't hinder your chances of re-applying and being issued a new GC after this job is over, assuming you and your wife remain married. However, you could not go straight for citizenship - you would reapply for the green card, which would mean paying all the fees and going through the waiting, and after 3 years (or 90 days shy of three years, I believe) could then proceed to applying for naturalization. You can do AOS from the G4, which means you would not have to leave the US and wait abroad for the GC, but could adjust your status within the US.

If your future career is possibly in the field of embassy / consulate / diplomatic work, it would be good to look into your particular country's regulations now - for most embassy / government representative positions, dual citizenship is not advisable and in some situations dual citizens are not eligible to apply - because of the conflict of interest issue. You should also talk to the people at your embassy, they should be able to tell you the details of their rules and regulations in terms of the immigration status and visa requirements for their employees.