US Perm Resident by Marriage Studying Out of Country - Citizienship?

[kzielu 1,149]

Actually, I maintained residency for six years after I received my green card, so I am pretty sure I have the ability to apply for citizenship. My hope is that someone who has had a situation somewhat comparable to mine who has looked into might be able to comment. Also , I don't think my residency is necessarily abandoned yet. In fact, that is apparently a grey area. I suppose I will see next time I cross the border.

See above. In addition take a look at form N-400 - every single of trips abroad reported there is compared with your passport stamps during interview - experienced it in person 2 days ago.

[NigeriaorBust 4,087]

If you have been out of the country for more than a year without a reentry permit your clock is reset to 0, you have no days accrued towards qualifying to apply for citizenship. In theory you have abandoned it, one year out usually triggers that. However sometimes odd things happen. I personally know an LPR that voted, got scared when another friend got in trouble for it, left the country with no permit for 20 months and was allowed back in. Everything I know about immigration says no way should that have happened.

[Asia 2,498]

Actually, I maintained residency for six years after I received my green card, so I am pretty sure I have the ability to apply for citizenship.

You had that ability while being in the US.

Being outside of the States for 18 months caused you loosing that ability (for today).

Edited December 4, 2014 by Asia

[msherema 1]

Sorry if I sounded dismissive of anyone's comments - was not my intention. Actually, I am really happy that so many people have weighed in. It is just hard because I hear so many different things about this, so I hope that someone who has been in this situation might comment, too.

[msherema 1]

Thanks Asia and NigeriaorBust. Hmm...I wonder if I will get lucky, too.

[dnp2014 44]

Actually, I maintained residency for six years after I received my green card, so I am pretty sure I have the ability to apply for citizenship. My hope is that someone who has had a situation somewhat comparable to mine who has looked into might be able to comment. Also , I don't think my residency is necessarily abandoned yet. In fact, that is apparently a grey area. I suppose I will see next time I cross the border.

When a lawful permanent resident reenters the United States after an absence of more than six (6) months or 180 days, the immigration laws mandate that such individual is considered an "applicant for admission." The U.S. INS may require "proof" that he has not abandoned his permanent residency by demonstrating fixed ties to this country (family, property, employment, bank accounts, federal and state income taxes, memberships/organizations, etc.). If the U.S. INS determines that an individual is an "applicant for admission" and he cannot conclusively demonstrate his intention to maintain his status, such individual may be detained by the U.S. INS, placed into removal proceedings, and referred to an Immigration Judge for a determination of admissibility to the United States and whether his status has been abandoned. Equally important, entries into the United States by a lawful permanent resident after an absence of less than six (6) months shall not be considered to be "admissions." As such, a re-entering permanent resident is not likely to be held to a higher standard of intention after trips of short duration.

The question of demonstrating an unrelinquished intent to reside in the United States generally depends on an examination of the permanent resident’s ties to the United States, and whether such ties are reasonably indicative of a continuing intent to return to the United States after a temporary absence abroad. A temporary visit abroad occurs only when:

1. Visit abroad is for a period relatively short, fixed by some early event; or
2. Visit will terminate upon the occurrence of an event having a reasonable possibility of occurring within a relatively short period of time (e.g., taking care of an ill relative); or
3. The alien maintians a continuous uninterrupted intention to return to the United States during the entirety of his visit, as demonstrated from objective factors (family ties, purpose of departure, property, bank accounts, business affiliations, payment of taxes, etc.).

[Mike-eeh and Odie 193]

You should have applied for citizenship after 3 years of being married and inside the USA. A green card holder can leave the country for up to 6 months (I'd do 5 months and 29 days for safety) per year without resetting the naturalization clock. That's 18 months in 3 years you must be present in the USA and only 6 months each year.

Once you leave the USA for more than 18 months, you forfeit your LPR and must reapply for a green card and re-fulfill your residency requirements by living in the USA.

[Ontarkie 14,324]

Sounds like who ever told you that your PR remains as long as you are living with your husband has mixed up Canadian PR and the US PR. A Canadian PR can retain their Permanent residents status living away from Canada if they are with their Canadian spouse. The US does not have an option like that.

If you've been using the Canadian health care, paying tuition as a Canadian it will be very hard to say you didn't abandon your US Residency. Applying for your husband to be a permanent resident of Canada will pretty much be the end of any hope that you kept your US PR.

Edited December 4, 2014 by Ontarkie

[JimmyHou 611]

Actually, I maintained residency for six years after I received my green card, so I am pretty sure I have the ability to apply for citizenship. My hope is that someone who has had a situation somewhat comparable to mine who has looked into might be able to comment. Also , I don't think my residency is necessarily abandoned yet. In fact, that is apparently a grey area. I suppose I will see next time I cross the border.

The first sentence is absolutely incorrect. I don't mean to be overly blunt, but I want to make sure you have the correct information.

The reason you'll have trouble finding someone in a simillar situation who applied for citizenship is because such a person would not be eligible to apply. Please read the eligibility section of the naturalization guide published by USCIS.

http://www.uscis.gov/sites/default/files/files/article/M-476.pdf

Just as an example, one of several conditions that you do not meet is that you have to have been residing in the state in which you will apply for the three months immediately preceding your application. There are other requirements too.

[Dave&Roza 748]

I do know that if you remain outside the US for 2 years, there is no way for you to return without undue circumstances. So you have 6 months to see if you are still a LPR or not. Your time as a LPR before you left does not count as you did not file the N-470 before leaving the US for 1 year or more. The CBP employee you encounter at the border crossing holds your fate in their hands. They can admit you with little problems, they can grill you to see if you adandonded your LPR, and let you in, or they can deny you entry and have you sent before an IJ to have you GC revoked as an IJ is the one enitity that can legally revoke your GC. One thing to add is that if you failed to file US income taxes during your absence your LPR status is gone as the USCIS holds filing taxes as proof that you maintained your LPR status.

It would have been easier if you had filed for USC before you left the US. You were eligible after 3 years of marriage. Now your husband may have to file a spousal visa and wait for it to be approved before you can return to the US--all the while your husband needs to be in the US and most likely you will not be granted a tourist visa and may also not qualify to use the VWP.

Good luck,

Dave

[Boiler 45,767]

Applying for Citizenship is pretty clear.

Maintaining residency is less clear. My comments were based on your initial post.

[Ketsuban 1,034]

you will not be granted a tourist visa and may also not qualify to use the VWP.

Good luck,

Dave

Canadians don't use the VWP. They are given a 6 month B-2 visa upon successful admission at the border, and chances are high this will be allowed to happen - many Canadians visit their US spouses.

Also there is no requirement for the USC spouse to be living in the US for the entire duration of the spouse visa process.

[Cathi 5,771]

Just because you lived in the US for 6 years before you left does not make you eligible for citizenship. You are no longer a green card holder. Period. You must start from the beginning.

[Rob L 3,811]

I would read this page to begin with

http://travel.state.gov/content/visas/english/immigrate/types/returning-residents.html

"If you are an LPR unable to return to the United States within the travel validity period of the green card (1 year) or the validity of the Re-entry Permit (2 years), you may be eligible and can apply at the nearest U.S. Embassy or Consulate for a Returning Resident (SB-1) immigrant visa."

[kzielu 1,149]

And how do you prove you were unable to return from Canada?