GC Expiring in 8 months but need to travel overseas for work

[kebuchan 0]

Hi all,

I'm a Greencard holder of Canadian origin. Been in the US on a greencard for almost 10 years. My GC expires at the end of Otober, 2016.

Not an issue really, I just need to renew it sometime between the end of May and end of October.....

Problem is...

I am have a work assignment for 8-10 months in Asia, tentatively heading out in August of this year. The company will fly me back to the US at least once during that time, possibly more often, so I should meet my 6 month residency requirement. We also own a home here.

Question is...

I cannot apply to renew my GC until 5 months before, that's not for another month. By the time I get a biometrics appointment or any real progress in my GC renewal process I should already be out of the country. So, it's going to be challenging to attend any appointments after August.

I've already been here 9+ years.. I'm assuming that being gone for an extended period won't hurt my GC renewal...

Are there any exceptions/extensions? Given that I know that I will be out of the country? Can I request an earlier biometrics appotinment so I can get it over with and then head abroad? I can always get someone to sign for and get my GC and have it sent to me overseas.

I would really appreciate any help/advice...

Thanks!

Kevin

[Transborderwife 4,666]

Ever thought about citizenship?

[kebuchan 0]

Sure have :-) but kept putting it off. Actually would have been great it before November so I could vote... but I haven't done anything about it yet and by the time that comes through I'll be out of the country.... and at that point, while waiting for Citizenship, my greencard would have also expired.

Unless having applied for Citizenship will give me some flexibility with my expiring GC while I'm overseas?

[Transborderwife 4,666]

Unsure, just thought that I'd ask about it. Hopefully someone will come along more helpful

[Boiler 45,935]

US Citizenship was my first thought but otherwise you are looking at flexible return trips.

[SusieQQQ 11,587]

Don't you have to be physically resident for a certain number of of days before you can take your citizenship oath? Ie you can't apply then leave and have it happen while you are away? But surely if you apply right now you'll be able to get it done in time before you leave?

[Boiler 45,935]

Where I am seems to be 6 months or so, may be luckier where OP is.

[SusieQQQ 11,587]

Where I am seems to be 6 months or so, may be luckier where OP is.

OK, someone I know in MA mailed his N400 in late Nov last year, had biometrics about a month later and the interview mid-March, and his oath ceremony a couple of weeks later. So all in all 4 1/2 months. But yeah, OP probably has left it a bit late given his timeline for leaving.

[kebuchan 0]

OK, someone I know in MA mailed his N400 in late Nov last year, had biometrics about a month later and the interview mid-March, and his oath ceremony a couple of weeks later. So all in all 4 1/2 months. But yeah, OP probably has left it a bit late given his timeline for leaving.

That's good to know. Thanks :-)

I guess what I"m wondering at this point is should I be applying for Citizenship or renewing my GC. Either way, I don't want to be out of status. Not sure if that's even a thing, I read somewhere that you cannot lose your Permanent Resident status because you card expires, you just have to get a new card. However, if my card expires and I'm out of the country, I think that's going to be an issue.

Since I"ve been in the US as a PR for almost 10 years, being in Asia for 2-3 or even 10 months should probably not impact me getting Citizenship, b/c I meet the criteria already.

So, file the N400, wait... if that doesn't go very far and it's getting close to when I need to leave, I guess file for a GC renewal..

If I've already done my Biometrics etc... and I 'm just waiting for an interview date, do I stlil need to bother renewing my GC?

Soo many questions :-)

[SusieQQQ 11,587]

That's good to know. Thanks :-)

I guess what I"m wondering at this point is should I be applying for Citizenship or renewing my GC. Either way, I don't want to be out of status. Not sure if that's even a thing, I read somewhere that you cannot lose your Permanent Resident status because you card expires, you just have to get a new card. However, if my card expires and I'm out of the country, I think that's going to be an issue.

Since I"ve been in the US as a PR for almost 10 years, being in Asia for 2-3 or even 10 months should probably not impact me getting Citizenship, b/c I meet the criteria already.

So, file the N400, wait... if that doesn't go very far and it's getting close to when I need to leave, I guess file for a GC renewal..

If I've already done my Biometrics etc... and I 'm just waiting for an interview date, do I stlil need to bother renewing my GC?

Soo many questions :-)

I'm no N400 expert but even though you already meet the requirements I understood there was also a requirement to be physically present in the US a certain amount of time before the interview/oath ceremony itself. Certainly I am under the impression that if you leave now for more than 6 months your 'clock' will still reset to 5 years again from your next entry. Someone correct me if I misunderstood these 2 issues? Edit: it is present 3 months prior to filing, which you presumably meet; but the other aspect is correct.

"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))."

The issue with your GC expiring while you are away is that the airline may refuse to board you as in their eyes you do not have valid authorization to enter the US.

Edited April 21, 2016 by SusieQQQ