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Posted

I have a green card with no conditions and an Irish passport, married and residing in Missouri since 2005. An opportunity has come up on short notice for me to visit and stay in Ireland for free for up to 3 years on account of my grandmother moving to a nursing home. Ideally I would have gotten dual citizenship by now to make things easier but this is not possible to arrange in the few months I have before I miss the opportunity for my kids to spend as much time as possible with her before she dies (she's barely gotten to see them as it is). I would like to stay and search for a job while there to support my wife and family and then come back after the 3 years. From what I've read, I will lose permanent resident status and a reentry permit is only valid for 2yrs. You can apply for another one by returning to the States but I understand they are scrutinised more. A returning resident visa is available but how likely is it to be approved? I will be maintaining a home I own in Missouri and a vehicle loan and filing US taxes as a resident and my wifes family will still be living there. My wifes family and my kids were all born a citizen except me. To complicate things, I would like to claim 'habitual residency' in Ireland solely for the purpose of claiming jobless and child benefits while searching for a job. Its not likely I will find one before I leave Missouri. Will claiming habitual residence and benefits in Ireland invalidate my ability to be considered for a return resident visa, or what is the best way to go about all this? Ps from what I've researched so far habitual residence can technically be claimed by any Irish passport holder whether they have lived there or not and for me would just be a means to an end to make sure I can support myself until I find a job and then leave at the end of 3yrs.

Filed: AOS (apr) Country: Australia
Timeline
Posted

Either get your N400 submitted and hope it processes in time (it might looks like applications from Feb 17th are currently being processed) or give up your permanent residency and have to go through the IR1/CR1 process again from Ireland before returning.

Posted

I agree with the above--either apply for USC and return for the oath ceremony if you application takes longer then you have before leaving or return your GC. Once you apply for benefits that are afforded to a citizen of Ireland you have given up your claim to USC. You could live in Ireland and return to the US for a few visits. You would have to show that you are maintaining your residence in MO and still plan to remain a USC, but you could not claim the unemployment benefits. You could do this a couple of times before CBP examines your case. That would get you a couple of years, but it would reset your clock for applying for USC. If you want to be a USC, I would file now and return to the US as needed to complete the process and then you do not have to worry about how long you are out of the US.

Good luck,

Dave

 
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