Residency and Physical Presence requirements

[tariktchach 0]

My husband recently arrived on CR status, and has been here now for 5 months.

His brother would like to start a partnership in a restaurant business with him in Italy, where he lived previously.

He would need to travel there- and spend quite a bit of time there, especially initially.

Are there waivers, considering there is a business involved of which he would be part owner? We would have no problem limitting our time abroad to less than 6 months at a time, however being in the US for 18 out of 36 months may be shaky. We would still have a US residence here, and could possibly return in time periods long enough to find employment, in order to pay some taxes to help fulfill residency requirements.

We are concerned about losing eligibility for his naturalization, because of the time he will need to spend starting the business and getting it off the ground.

Any thoughts?

Thanks,

Tracy

[meauxna 15]

I've never heard of a waiver for this kind of purpose.

The employment and paying taxes doesn't matter so much (what if it were your elderly mother in law, for example--she could be a Permanent Resident without ever working) but the physical presence is very cut and dried.

If he doesn't want to delay his naturalization, my only suggestion is to meet with a lawyer who does a lot of natz work and talk out a strategy. Maintaining PR status is very individualized (that's your first hurdle) and there may be other twists to the natz eligibility that we're not aware of.

[riblet 0]

This sounds like a fairly complex situation, but here is my input for what it's worth.

Your husband does not have to apply for citizenship immediately at the 3 year mark. So as long as he doesn't violate the basic green card requirements (i.e. leaving more than 6 months, intent, paying taxes, etc.) Once things have settled down he could apply once he reaches the point of having been in the country for half of the previous three years.

I myself didn't apply until I had been a PR for 7 years because I was away for school and didn't meet the 1/2 residency requirement until that time.

Hope this helps. But definitely be aware of all the other requirements, it would be awful to accidentally lose the Green Card. And be prepared for a lot of hassles when travelling - from my experience the border guards seem to disapprove of green card holders going somewhere outside the U.S. for work or school. Good luck!

I've never heard of a waiver for this kind of purpose.

The employment and paying taxes doesn't matter so much (what if it were your elderly mother in law, for example--she could be a Permanent Resident without ever working) but the physical presence is very cut and dried.

If he doesn't want to delay his naturalization, my only suggestion is to meet with a lawyer who does a lot of natz work and talk out a strategy. Maintaining PR status is very individualized (that's your first hurdle) and there may be other twists to the natz eligibility that we're not aware of.