Moving and citizen questions

[soundedguy 8]

I filed my ROC in april and should get approval by december or january and my will file for N400 in April 2013. My questions are

1. I just lost my job and can I get unemployment being a LPR?

2. Thinking of travelling out of the country in december for 2-4months since I haven't been able to travel overseas due to work. My next question is can I travel outside the USA and just come back in April to file for N400 with no problem?

[soundedguy 8]

Can someone with knowledge please reply to my questions.

[immibie 23]

1. It's my understanding, you cannot file for benefits when you are on LPR. That's why the financial support form comes in place when your wife sponsored you during I-485 stage.

2. I don't see any reasons why not as long as you don't stay more than 6 months outside of USA. Use your green card to get in.

[Kathryn41 3,205]

I filed my ROC in april and should get approval by december or january and my will file for N400 in April 2013. My questions are

1. I just lost my job and can I get unemployment being a LPR?

2. Thinking of travelling out of the country in december for 2-4months since I haven't been able to travel overseas due to work. My next question is can I travel outside the USA and just come back in April to file for N400 with no problem?

1: Yes. Unemployment Insurance is not a means tested benefit. It is a mutual 'insurance' program you and your employer participate in so that if you do lose your job you will have a continuing source of income, albeit small, that will help take care of your financial needs while you look for other employment. As long as you and your employment paid the appropriate amount in premiums, you can claim unemployment insurance benefits.

2. You may need to check and see if being unavailable for work would compromise your receipt of EI benefits. Also, if you are expecting your ten year card in December or January, you should be aware that you may still receive an RFE for the ROC to which you would have to respond. There is also a possibility, albeit low, that you would be called to an interview for the ROC . You would also be outside of the country when your 10 year green card was sent to you. Have you made arrangements to have someone very reliable checking your mail every day and being able to send you any RFEs or interview notices so you could return back and take care of them? Also, your 10 year green card cannot be forwarded so you don't want to risk it being returned to USCIS as undeliverable. You also don't want to risk someone sending it to you out of the country

There is no problem with travelling outside of the US in and of itself for the time frame you suggest. You do need to meet certain physical presence requirements in order to be eligible to apply for US citizenship. That means first, no absences more than 6 months in length as that could 'reset' the clock on when you start accumulating physical presence. Check out this link for a really useful booklet on Becoming a US citizen and what requirements you need: http://www.uscis.gov...000082ca60aRCRD and make sure you check this link as it contains an eligibility worksheet that will let you know if you satisfy all of the requirements : http://www.uscis.gov...attachments.pdf

If you meet all of the eligibility requirements for physical presence, and you have been married for 3 years when you apply in April and are within 90 days of being a permanent resident for 3 years, then you can apply for citizenship in April without a problem.

You may want to wait until you actually get your 10 year green card, though, before you plan to travel out of the US for several months, for practical reasons.

Edited September 16, 2012 by Kathryn41

[soundedguy 8]

1: Yes. Unemployment Insurance is not a means tested benefit. It is a mutual 'insurance' program you and your employer participate in so that if you do lose your job you will have a continuing source of income, albeit small, that will help take care of your financial needs while you look for other employment. As long as you and your employment paid the appropriate amount in premiums, you can claim unemployment insurance benefits.

2. You may need to check and see if being unavailable for work would compromise your receipt of EI benefits. Also, if you are expecting your ten year card in December or January, you should be aware that you may still receive an RFE for the ROC to which you would have to respond. There is also a possibility, albeit low, that you would be called to an interview for the ROC . You would also be outside of the country when your 10 year green card was sent to you. Have you made arrangements to have someone very reliable checking your mail every day and being able to send you any RFEs or interview notices so you could return back and take care of them? Also, your 10 year green card cannot be forwarded so you don't want to risk it being returned to USCIS as undeliverable. You also don't want to risk someone sending it to you out of the country

There is no problem with travelling outside of the US in and of itself for the time frame you suggest. You do need to meet certain physical presence requirements in order to be eligible to apply for US citizenship. That means first, no absences more than 6 months in length as that could 'reset' the clock on when you start accumulating physical presence. Check out this link for a really useful booklet on Becoming a US citizen and what requirements you need: http://www.uscis.gov...000082ca60aRCRD and make sure you check this link as it contains an eligibility worksheet that will let you know if you satisfy all of the requirements : http://www.uscis.gov...attachments.pdf

If you meet all of the eligibility requirements for physical presence, and you have been married for 3 years when you apply in April and are within 90 days of being a permanent resident for 3 years, then you can apply for citizenship in April without a problem.

You may want to wait until you actually get your 10 year green card, though, before you plan to travel out of the US for several months, for practical reasons.

Thank you Kathryn41 for your very detailed response. Yes, my wife will be living at our house and will get every documents on my behalf. And yes, I will wait till I receive my 10years residence card before leaving. I do appreciate your response again. I might travel in december hoping to get my 10yrs residence card by then and come back in april to file for N400 without any problem I am assuming.