Citizenship

[essa 0]

I am going to be eligible to apply for citizenship in 3 years from today and I wanted to ask you this question since I hear and read too many confusing stories . Please give me as much information as you can, Much appreciated!!

I am from Turkey and a GC holder. I will be eligible to apply in December 2014. long story short I lived here in USA for over 3 years as a GC holder never been out- all bills paid on time - very good pretended'' citizen Now I got a job in Turkey and I wanted to go there - I will be back her every 5 months (I know you have to be more in the us and less out because you are given the privilege to stay in USA not out) lets discuss the alternatives, so what I read in their website uscis immigration site, it is saying - do not make trips over 6 month or you will lose or break the continues resident requirements, if you want to apply for us citizenship, Yes, it is on uscis website.

So being said that technically i can go there for few months and come back before 6 moths stay here for a few days and go back until time comes to apply for my citizenship? if they ask on my return I will show them that I work in my country but I pay my US taxes here in usa- i have my contacts - relationships here in the usa and I am here every six months ohhh another thing I will get my 2 years reentry permit too. So where is the problem?

[Jessica24 3]

Staying outside the US for more than 6months will definitely break your continuous residence.There are certain instances wherein you can demonstrate to the USCIS that you never had the intention to abandon the residence by filing in your IRS transcripts, rent or mortgage payments and pay stubs.( if the trip was more than 6months and less than a year). In all other cases, the continuous residence will be considered to be broken if you undertake long trips.

[Anh map 2,098]

I am going to be eligible to apply for citizenship in 3 years from today and I wanted to ask you this question since I hear and read too many confusing stories . Please give me as much information as you can, Much appreciated!!

I am from Turkey and a GC holder. I will be eligible to apply in December 2014. long story short I lived here in USA for over 3 years as a GC holder never been out- all bills paid on time - very good pretended'' citizen Now I got a job in Turkey and I wanted to go there - I will be back her every 5 months (I know you have to be more in the us and less out because you are given the privilege to stay in USA not out) lets discuss the alternatives, so what I read in their website uscis immigration site, it is saying - do not make trips over 6 month or you will lose or break the continues resident requirements, if you want to apply for us citizenship, Yes, it is on uscis website.

So being said that technically i can go there for few months and come back before 6 moths stay here for a few days and go back until time comes to apply for my citizenship? if they ask on my return I will show them that I work in my country but I pay my US taxes here in usa- i have my contacts - relationships here in the usa and I am here every six months ohhh another thing I will get my 2 years reentry permit too. So where is the problem?

Visiting for a few days a year is not residing in the US. And it is more than just paying taxes and setting foot inside the border every few months. Trying to dance on the razor's edge of eligibility can be a dangerous game.

This form also seems to apply to your circumstances >>>> http://www.uscis.gov/n-470

A consultation with a qualified immigration attorney may be money well spent so that you do not mistakenly jeopardize your eligibility.

[warlord 73]

Coming back every 5 months means nothing. The only thing the 6 month rule does is change who has to prove continuous residency. Before 6 months the IO just has to prove you broke residency and the terms of the Green Card, if he can then not only could you reset your entire clock, you could also put your entire Green Card in jeopardy. After 6 months, instead of the IO, you would have to do the work showing proof that you did in fact not break residency and the terms and conditions of the Green Card.

Living and working outside the US for a non-US company regardless how long it is (2 months to 9 months) will put you at greak risk. Coming back for a visit as mentioned will do nothing as they can tell how long you are coming back for and can easily spot what you are thinking you are trying to get away with.

If you want the job in Turkey, become a US citizen first, or just abandon your Green Card and move over there and if you then want to come back to the US at a later date, just re-do the entire process again...

[nwctzn 55]

I am going to be eligible to apply for citizenship in 3 years from today and I wanted to ask you this question since I hear and read too many confusing stories . Please give me as much information as you can, Much appreciated!!

I am from Turkey and a GC holder. I will be eligible to apply in December 2014. long story short I lived here in USA for over 3 years as a GC holder never been out- all bills paid on time - very good pretended'' citizen Now I got a job in Turkey and I wanted to go there - I will be back her every 5 months (I know you have to be more in the us and less out because you are given the privilege to stay in USA not out) lets discuss the alternatives, so what I read in their website uscis immigration site, it is saying - do not make trips over 6 month or you will lose or break the continues resident requirements, if you want to apply for us citizenship, Yes, it is on uscis website.

So being said that technically i can go there for few months and come back before 6 moths stay here for a few days and go back until time comes to apply for my citizenship? if they ask on my return I will show them that I work in my country but I pay my US taxes here in usa- i have my contacts - relationships here in the usa and I am here every six months ohhh another thing I will get my 2 years reentry permit too. So where is the problem?

I have a friend in the exact same situation. He is a greencard holder, he accepted a job in Europe two years ago and he travels back and forth not to violate the 6 month rule. He had his citizenship interview last month and the interviewing officer asked that he needs to produce evidence to ties to the US (like paying rent or a mortgage, having bank accounts, proving that his job in Europe is only temporary, etc.). So after the interview he got an RFE (Request for Evidence) notice. In light of this, it looks like my friend must abandon his citizenship application and try to maintain his greencard status.

So you really need to prove your intent to live in the US and that you left the country only temporarily. Since your situation will be the same as my friend's, I think it is really tough to accomplish this.

Edited November 3, 2011 by nwctzn

[NickD 203]

Part 7 of the N-400 form can be laborious for some people, especially if they live across the street from Canada.

We have discussed the legality of crossing out that 5 and writing in a 3 for the number of days spent out of the country in the past five years, but most seem to get by with that.

Maybe you can get by with crossing out that days OUT of the country by crossing that out and writing days spent IN this country. Would make filling out Part 7 a lot easier for you, if your IO doesn't noticed that.

Facetiousness being set aside, USCIS is very strict on a LPR living, working, and paying taxes here. And very particular on getting all of your dates exactly correct for days outside of the country that can be cause for rejection or additional proof.

One good thing, you are asking before and not after 3 or 5 years in that you cannot remember those dates outside of the country. Have to keep good records on all of this stuff, or pay the price later.

[essa 0]

Part 7 of the N-400 form can be laborious for some people, especially if they live across the street from Canada.

We have discussed the legality of crossing out that 5 and writing in a 3 for the number of days spent out of the country in the past five years, but most seem to get by with that.

Maybe you can get by with crossing out that days OUT of the country by crossing that out and writing days spent IN this country. Would make filling out Part 7 a lot easier for you, if your IO doesn't noticed that.

Facetiousness being set aside, USCIS is very strict on a LPR living, working, and paying taxes here. And very particular on getting all of your dates exactly correct for days outside of the country that can be cause for rejection or additional proof.

One good thing, you are asking before and not after 3 or 5 years in that you cannot remember those dates outside of the country. Have to keep good records on all of this stuff, or pay the price later.

I would like to thank you all for your time! So basically, what you are saying is, there is a chance that they might pull me over and you are rating that chance above 80% ? Is working outside US a negative point? what if I return in less than 4 months, stay a month here, Is that not an intention of someone who wants to save her or his status? It’s all money, traveling back and forth from Turkey costs $1500 each time 3 times a year is $5000, Is that not an intention?

Here are the steps that I will take while I am in and out;

Keep my credit card payments every month

Keep my bank accounts open

Keep my cell phone active and paid every month

Keep my mortgage paid

Keep my car payments active

Keep my car insurance active

Keep coming on time for my tax retunes

Continue my studies

Is there something eals that you guys can think of that I don’t know and it’s an item that can prove that I am not in any shape or form of trying to abandon my GC status and or am not trying to be a citizen?

Please advice

[VanessaTony 3,567]

I would like to thank you all for your time! So basically, what you are saying is, there is a chance that they might pull me over and you are rating that chance above 80% ? Is working outside US a negative point? what if I return in less than 4 months, stay a month here, Is that not an intention of someone who wants to save her or his status? It’s all money, traveling back and forth from Turkey costs $1500 each time 3 times a year is $5000, Is that not an intention?

Here are the steps that I will take while I am in and out;

Keep my credit card payments every month

Keep my bank accounts open

Keep my cell phone active and paid every month

Keep my mortgage paid

Keep my car payments active

Keep my car insurance active

Keep coming on time for my tax retunes

Continue my studies

Is there something eals that you guys can think of that I don’t know and it’s an item that can prove that I am not in any shape or form of trying to abandon my GC status and or am not trying to be a citizen?

Please advice

You're right, your entering and staying for a month shows that you WANT to keep your GC but the problem is that's not what matters. LPR means Legal PERMANENT resident. Meaning you legally reside PERMANENTLY in the US. Living overseas and then visiting the US for a month makes you a visitor, not a resident. This is what you have to fight.

You might be fine. The member "Gary and Alla" has a step-son who lives overseas to go to Uni/College. He does the same thing but it's a lot easier to prove that he's not "living" overseas, just staying there to study so so far he's had no problems. You plan on moving overseas to work and live...

You said you have a re-entry permit. That permit allows you to re-enter after being gone for less than 2 years. The problem with that in your situation is that this affects your naturalization clock. If naturalizing quickly is important to you I wouldn't risk it. Out of interest you're eligible for USC five years (minus 90 days) after becoming a USC. You said you've been an LPR for 3 years, meaning you have 2 years left until you can naturalize (so 2013, not 2014). I'm sure you've already read into the rules of your country in terms of dual nationality: http://en.wikipedia.org/wiki/Turkish_nationality_law#Dual_citizenship

[Zen Den 18]

I would like to thank you all for your time! So basically, what you are saying is, there is a chance that they might pull me over and you are rating that chance above 80% ? Is working outside US a negative point? what if I return in less than 4 months, stay a month here, Is that not an intention of someone who wants to save her or his status? It’s all money, traveling back and forth from Turkey costs $1500 each time 3 times a year is $5000, Is that not an intention?

Here are the steps that I will take while I am in and out;

Keep my credit card payments every month

Keep my bank accounts open

Keep my cell phone active and paid every month

Keep my mortgage paid

Keep my car payments active

Keep my car insurance active

Keep coming on time for my tax retunes

Continue my studies

Is there something eals that you guys can think of that I don’t know and it’s an item that can prove that I am not in any shape or form of trying to abandon my GC status and or am not trying to be a citizen?

Please advice

all of the above that you're doing will be good proof of your ties to the US. However, you have to be able to simply answer yes to the following come eligibility time:

1. during the last 5/3 yrs have you NOT been out for 30 months or more?

2. .....NOT taken a trip that lasted one year or more?

3. .....resided in your state/district for the last three months straight?

assuming you will be here 3 months prior to your filing, and never take a trip of more than 1 yr long, your "come home every 5 months" must be calculated very well so that you don't come up with more than 30 months of being out of the country. =)

[nwctzn 55]

I would like to thank you all for your time! So basically, what you are saying is, there is a chance that they might pull me over and you are rating that chance above 80% ? Is working outside US a negative point? what if I return in less than 4 months, stay a month here, Is that not an intention of someone who wants to save her or his status? It’s all money, traveling back and forth from Turkey costs $1500 each time 3 times a year is $5000, Is that not an intention?

Here are the steps that I will take while I am in and out;

Keep my credit card payments every month

Keep my bank accounts open

Keep my cell phone active and paid every month

Keep my mortgage paid

Keep my car payments active

Keep my car insurance active

Keep coming on time for my tax retunes

Continue my studies

Is there something eals that you guys can think of that I don’t know and it’s an item that can prove that I am not in any shape or form of trying to abandon my GC status and or am not trying to be a citizen?

Please advice

Say they accept all of these, but they will still ask why you are spending most of the time out of the country and why your job is not in the US. Of course, one argument that you could have is that you are working overseas right now because of the bad job market here in the US and that you will eventually return to the US once things improve. Buying a house here and paying a mortgage could be a strong indicator. Also, as one poster pointed out, out of the 5 years as a greencard holder (i.e., from the "resident since" date) you need to be at least 30 months physically present in the US (physical presence requirement). For filing taxes, I believe you need to file for World income as well; i.e., your income in Turkey may be taxable in the US. I would check this with the IRS since the USCIS will ask you whether you file for your taxes and in your case they will most likely ask to bring the IRS tax transcripts for the last 5 years.

[essa 0]

You're right, your entering and staying for a month shows that you WANT to keep your GC but the problem is that's not what matters. LPR means Legal PERMANENT resident. Meaning you legally reside PERMANENTLY in the US. Living overseas and then visiting the US for a month makes you a visitor, not a resident. This is what you have to fight.

You might be fine. The member "Gary and Alla" has a step-son who lives overseas to go to Uni/College. He does the same thing but it's a lot easier to prove that he's not "living" overseas, just staying there to study so so far he's had no problems. You plan on moving overseas to work and live...

So if I start some type of course/study program that can prove that I am following some type of study would this help a lot if so how many percent?

You said you have a re-entry permit. Yes. I do have re-entry permit and I apply for it because they (uscis web page) say it will prove that there is an intention of NOT breaking your continues residence.

That permit allows you to re-enter after being gone for less than 2 years. The problem with that in your situation is that this affects your naturalization clock. If naturalizing quickly is important to you I wouldn't risk it. Out of interest you're eligible for USC five years (minus 90 days) after becoming a USC. You said you've been an LPR for 3 years, meaning you have 2 years left until you can naturalize (so 2013, not 2014).

I am a PLR for 3 years now – Yes I have never been out of the country means I can be fit into the 30 months presence rule BUT there is a gap between they replied to my initial application so ….

I'm sure you've already read into the rules of your country in terms of dual nationality: http://en.wikipedia.org/wiki/Turkish_nationality_law#Dual_citizenship

Yes I did.

Please add some more light on the part of your example where someone has been saved while they were out of usa for study ?

[essa 0]

all of the above that you're doing will be good proof of your ties to the US. However, you have to be able to simply answer yes to the following come eligibility time:

1. during the last 5/3 yrs have you NOT been out for 30 months or more? NO

2. .....NOT taken a trip that lasted one year or more? NO

3. .....resided in your state/district for the last three months straight? I wll when time approaches

assuming you will be here 3 months prior to your filing, and never take a trip of more than 1 yr long, your "come home every 5 months" must be calculated very well so that you don't come up with more than 30 months of being out of the country. =)

I bought 4 calculator to make sure I am not making mistake

[nwctzn 55]

What is the exact date printed on your GC? I mean the "Resident Since" date and not your application date. Assuming it is MM/DD/YYYY, the 5 year residency starts with this date and not your application date. So you must be in the US for at least 30 months out of 5 years starting from your "Resident Since" date MM/DD/YYYY.

Edited November 3, 2011 by nwctzn

[Anh map 2,098]

Spend a few $$$ on a consult with an experienced immigration attorney to help you make a plan. Too big an issue to leave to best guesses here on VJ.

[Brother Hesekiel 2,236]

I am going to be eligible to apply for citizenship in 3 years from today and I wanted to ask you this question since I hear and read too many confusing stories .

I am from Turkey and a GC holder. I will be eligible to apply in December 2014.

There is absolutely no way that you can move for 3 years to Turkey, live there, work there, and thereafter become a U.S. citizen.

I will lean myself way out of the window and will even predict that not later than the forth time you were gone for 6 months and come back for a few short weeks, you'll lose your status as a Green Card holder. They now have machines, which they call "computers" which list every time you leave and come back. The moment they slide your Green Card a red light will come on, sirens will go off, and you'll see people in uniforms will move toward you at a hurry.

There are many stupid people in the U.S. but the CBP officers are generally not that stupid.