Green card holder living overseas applying for N-400

[Blablabla1212 1]

My friend is living overseas, he is married to a US citizen. He already has his green card through marriage. He wants to get his citizenship so he is planning a 1 year leave from his job overseas, move to USA for that 1 year with his family. He is asking if he qualifies with the time he has travelled in and out to keep his green card or he has to wait and live in USA as a resident for extended time? When would he be eligible?

Below is his outline of his immigration history

They got married on: March 9 2009

Baby 1 was born in: September 1 2010

Applied form I-130, petition for alien relative for himself and baby 1 on January 17 2011

Got an immigrant visa on March 31 2011 valid till September 29 2011

First visit to US as a family (himself, wife us citizen and baby 1) from April 10 2011 till May 09 2011

Conditional green card issued on April 10 2011 valid till April 10 2013

Baby 2 born in: August 12 2012

Baby 3 born in: October 5 2015

Visits to United States:

1) April 10 2011 - May 9 2011 (First visit with family mentioned above) (30 days)

2) October 4 2011 - October 14 2011 (11 days)

3) March 6 2012 - April 2 2012 (all family) (28 days)

4) September 25 2012 - October 2 2012 (8 days)

5) February 19 2013 - March 1 2013 (Himself and wife) (11 days)

6) March 21 2013 - March 28 2013 (8 days)

7) January 21 2014 - February 11 2014 (22 days)

8) March 26 2014 - March 28 2014 (3 days)

TOTAL DAYS IN US: 121 days

Unconditional green card: received on March 3 2014 Valid till March 3 2024

Traveling Document (White Passport) issued on: July 15 2014 valid till July 14 2016. He applied for this because the immigration officer at port of entry noticed he is not staying in USA and threatened to take away green card if he doesn't apply for travel document.

I don't know if he qualifies to apply for citizenship yet, if so when? He has no applied for any income taxes since becoming a resident as he made no income in USA.

He does not intend to stay living in USA, he wants to keep his job overseas that allows him a 1 year unpaid leave.

What are his options if he doesn't qualify? Can he renew white passport indefinitely? His aim is to not loose his Greencard if he stays over 1 or 2 years overseas, the yearly trips are expensive.

Thank you

[Anh map 2,098]

He must be filing tax returns as a LPR. So that will have to be taken care of no matter what. US taxes on worldwide income. There are treaties about not being double taxed. But he must file a return.

He's in danger of losing the green card. Citizenship seems a long way off.

http://www.uscis.gov/sites/default/files/USCIS/Resources/Citizenship%20&%20Naturalization%20Based%20Resources/A%20Guide%20to%20Naturalization/PDFs/M-480.pdf

[Blablabla1212 1]

I have mentioned to him the need to file taxes, he plans to visit soon so will convince him to file all past years.

Please be specific how far is he from citizenship if he moves to USA May 2016.

If he doesn't move and forgets about citizenship for now as he does have a 10 year Greencard, will he loose it if he doesn't travel yearly or every 6 months?

Thank you

[kovacs 20]

In my opinion, should he file for citizenship in a couple of months, he is in real jeopardy of having the permanent resident status revoked.

[Boiler 45,559]

I have mentioned to him the need to file taxes, he plans to visit soon so will convince him to file all past years.

Please be specific how far is he from citizenship if he moves to USA May 2016.

If he doesn't move and forgets about citizenship for now as he does have a 10 year Greencard, will he loose it if he doesn't travel yearly or every 6 months?

Thank you

LPR = permanent resident of the US. This is the process for formally relinquishing it: http://london.usembassy.gov/dhs/uscis/abandon.html

[Blablabla1212 1]

Thank you for answering, so citizenship starts counting from day he moves to USA.

What of green card, how to advice not to loose it? As I mentioned he has a gc valid for 10 years, can that be revoked if he doesn't enter yearly?

[milimelo 4,486]

I have mentioned to him the need to file taxes, he plans to visit soon so will convince him to file all past years.

Please be specific how far is he from citizenship if he moves to USA May 2016.

If he doesn't move and forgets about citizenship for now as he does have a 10 year Greencard, will he loose it if he doesn't travel yearly or every 6 months?

Thank you

How far? At least three years. Tell your friend and his wife to move the family to the US as he is a permanent resident of the US and not a visitor - love how he lists all his VISITS to the US. Very surprised USCIS hasn't yanked his green card already.

Also taxes - he's taxed on worldwide income (first 90k deducted if earned abroad not in US-gov't employ) so he better get that squared away. With three kids, there could be some refunds too.

[Boiler 45,559]

Obamacare might cost a bit.

[Hypnos 6,576]

Right now his biggest priority should be to keep his green card. Given how he is basically using it as a tourist visa right now it wouldn't surprise me if CBP asked him to voluntarily relinquish it whenever he next attempts to visit. If he declines then CBP could issue him with a Notice To Appear in immigration court where they would ask an immigration judge to revoke his green card due to abandonment.

If someone isn't living in the US then they aren't entitled to a green card.

[aaron2020 11,651]

A green card requires a person to LIVE IN THE US to keep it.

The reason CBP threaten to take your friend's green card is because your friend IS NOT LIVING IN THE US AS REQUIRED to keep his green card.

Google "maintaining legal permanent residency."

Reasons a person can lose a green card before it expires.

1. Living permanently abroad

2. Not filing US tax returns.

US taxes on worldwide income so it does't matter that your friend has no US income. He still is required to file US tax returns in his foreign income.

Your friend is not going to get US citizenship anytime some. He needs to be physically present in the US to start qualifying. Citizenship is at least three years away if he moves to the US and stay here for 3 years.

If your friend wants to continue living overseas, then he risk losing his green card.

Edited November 10, 2015 by aaron2020

[Blablabla1212 1]

Thank you everyone for your valuable input, they will definitely help my friend figure out his upcoming immigration plans.

[belinda63 3,038]

Physical Presence

Applicants are required to show that they were:

• Physically present in the U.S. for thirty months within the five year period before applying, or (see legal basis)
  
• Physically present in the U.S. for eighteen months within the three year period before applying in the case of qualified spouses of U.S. citizens (see legal basis)
  

In addition, applicants are required to show they have resided for at least three months immediately preceding the filing of Form N-400 in the USCIS district or state where the applicant claims to have residency (See 8 CFR §316.2(a)(5) & §319.1(a)(5))

Source: http://www.uscis.gov/us-citizenship/citizenship-through-naturalization/continuous-residence-and-physical-presence-requirements-naturalization

So one year in the US probably won't do it. And he is probably going to lose his green card since he is not complying with the requirements of being an LPR. His re-entry permit and if he lives here for a year might save him but he needs to get on the tax thing ASAP. Question: Why did he get a green card if he never intended to live in the US?

[Tracy-->NY 40]

Agreed with belinda63 of:

• Physically present in the U.S. for thirty months within the five year period before applying, or (see legal basis)
• Physically present in the U.S. for eighteen months within the three year period before applying in the case of qualified spouses of U.S. citizens (see legal basis)

An example is my mother, when she applied for citizenship first in 2010 she was denied based on not qualifying under the three year period with the first year being 2008 when she wasn't in the US at least 183 days that year. In 2011 she applied again and was approved.

Your friend is a long way off from citizenship based on the requirements if he plans to continue working outside of the US and also not filing returns.

[Jawaree 717]

Presence of LPR in the US must be 5 str8 yrs, tax must be files, and have a domicile,

vacations abroad is okay during that period, but one yr in the US will not make them

eligible to file