PR for around 10 years, N400 but one travel outside the US for more than 6 months and less than 1 year

[randomstairs 303]

40 minutes ago, Mike E said:

She is not sleeping in IL these past 3 months. She is not living in IL.

How is "residence" defined? Changing the residence is the same as the change of domicile, and a change of address must be reported. I'm not sure that a temporary stay away from your permanent address (domicile) counts as the change of residence for this purpose. Otherwise a weekend trip away from your district would count as the violation of the 3-month rule, wouldn't it? Does the USCIS specify how many days out of the 3-month period does one have to be physically present at their residence? If not, wouldn't the residence simply be one's permanent address?

[Boiler 45,486]

3 minutes ago, randomstairs said:

How is "residence" defined? Changing the residence is the same as the change of domicile, and a change of address must be reported. I'm not sure that a temporary stay away from your permanent address (domicile) counts as the change of residence for this purpose. Otherwise a weekend trip away from your district would count as the violation of the 3-month rule, wouldn't it? Does the USCIS specify how many days out of the 3-month period does one have to be physically present at their residence? If not, wouldn't the residence simply be one's permanent address?

In this case it does not matter.

[Mike E 11,739]

8 minutes ago, randomstairs said:

How is "residence" defined?

https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101&num=0&edition=prelim
 

“33) The term "residence" means the place of general abode; the place of general abode of a person means his principal, actual dwelling place in fact, without regard to intent.”

 

She in fact is not actually dwelling in IL for the past 3 months. Not even a day. 
 

If she spent the majority her 3 months in IL, easy case: she has been an IL resident.  If she even spent a plurality of her days in IL, easy case, still an IL resident. 
 

14 minutes ago, randomstairs said:

Otherwise a weekend trip away from your district would count as the violation of the 3-month rule, wouldn't it?

Of course not. That isn’t the issue here.

 

The issue here is an LPR who does not live in the U.S. or IL who wants to  naturalize.

[SamA01 4]

On 6/27/2023 at 12:11 PM, randomstairs said:

.. wouldn't the residence simply be one's permanent address?

I think this is it since its not defined.  Its about one's permanent residence for the assignment of the service center and other matters.

[Mike E 11,739]

14 minutes ago, SamA01 said:

since its not defined

☁️ 🔦 ?

It is, i provided the definition.

[SamA01 4]

I filed for my mom's GC renewal online since her GC will expire soon while she is overseas.  I did not want to take a chance with this.  The receipt of the I-90 (GC renewal) should be good to get her back in the US with her expired GC card.  We plan to get back to US at the end of Aug or beginning Sept.  Her second sister may or may not survive her ordeal and thus my mom wants to be here longer but less than 6 months (out of the US).

Edited June 28, 2023 by SamA01

[Mike E 11,739]

10 minutes ago, SamA01 said:

The receipt of the I-90 (GC renewal) should be good to get her back in the US with her expired GC card

The original I-90 receipt mailed to her address in the U.S. might be required by airlines for her to board a flight back to the U.S.  

[SamA01 4]

45 minutes ago, Mike E said:

The original I-90 receipt mailed to her address in the U.S. might be required by airlines for her to board a flight back to the U.S.  

Thanks for the heads up.  I will look into this.  My older daughter can send that overseas to us.

[SamA01 4]

I filed I-90 electronically yesterday and received today an electronic receipt notice with the following statement.

 

"Thank you for submitting your application. Our office is currently processing it. This notice, together with your Form I-551, Permanent Resident Card (also known as the Green Card), provides evidence of your lawful permanent resident status for 24 months from the expiration date on the front of your Permanent Resident Card. You remain authorized to work and travel. This notice, presented with your expired Permanent Resident Card, is evidence of your status and work authorization."

 

Just two questions if you may have the answer?

 

1. Can this PDF receipt notice be used instead of the original sent via. snail mail for my mom to travel back to the US?

 

2. Can she request that her biometrics be done overseas at a consulate while she is overseas? If a biometrics is going to be required? I am worried now that a biometrics appointment letter may show up soon while she is overseas.  We plan to travel back to US close to end of August or beginning Sept.

 

Thank you all for your help.  I will consult with an attorney when back in the US regarding her N400 eligibility and then file it accordingly.

 

Kind regards.

 

 

 

 

[Mike E 11,739]

7 minutes ago, SamA01 said:

1. Can this PDF receipt notice be used instead of the original sent via. snail mail for my mom to travel back to the US?

Possibly. It is up the airline. Airlines technically do not evwn need the receipt if a 10 year gc has expired. The problem is there are success stories. 

 

10 minutes ago, SamA01 said:

2. Can she request that her biometrics be done overseas at a consulate while she is overseas? 

Not to my knowledge. Most people in her situation re-schedule their biometrics, sometimes multiple times.

[SamA01 4]

4 minutes ago, Mike E said:

Not to my knowledge. Most people in her situation re-schedule their biometrics, sometimes multiple times.

Thank you.  The good thing about the online application is that I get email notifications about updates to the application.  I will keep a watch for the biometrics notice.