Travel outside of US after reaching US on GC

[aka1990 0]

Hi,

My parents have come to US on GC approved application but they have not received GC yet.

1. Can they travel to Canada (they do have B1/B2 visa)?

2. If they can travel then is there a limit to how many days they stay outside? Is it then easy to come back to US or will the immigration people ask a lot of questions. 

3. After entering US what is the minimum number of days/months they have to stay in US to renew the GC? 

4. How much time they shall wait before applying for citizenship?

 

Thank you!!

[Mike E 11,739]

1. Yes. Not sure what coming to US on “GC approved application means.” Assuming it means IR-5 visas, those visas were stamped on entry to U.S. Thus they will enter Canada on their stamped IR-5 visas, if they have IR-5s.

 

2. Exceeding 180 consecutive days of absence can elevate CBP’s suspicion of abandoning LPR status. Even without exceeding 180 days,   spending more time outside the U.S. than inside will put their LPR status at risk

 

3. Unknown. We have seen people leave the U.S. for years, come back, and renew their GCs successfully

 

4. If they plan to spend more time out than in, never. Otherwise, 5 years.

[Dashinka 24,481]

Do they plan to actually reside in the US?

[aka1990 0]

Thank you for the information. One thing I want to clarify that they do not have US visitor visa instead they have immigrant visa. So if they go to Canada for 2-3 mons so will they be easily return back home? 

They are traveling to Canada tk visit their daughter and since it gets really cold in winters so better to go now

Yes, they do plan to live in US.

 

can someone please also confirm what's the actual requirement for Citizenship. Someone mentioned that they should be in US for at least 6 mons in a year. Someone mentioned they should be 20 mons in US in 36 mons to apply for citizenship? Can they apply for citizenship in 3 years or 5 years and where can I find the eligibility criteria?

 

Thank you!

[Dashinka 24,481]

3 minutes ago, aka1990 said:

Thank you for the information. One thing I want to clarify that they do not have US visitor visa instead they have immigrant visa. So if they go to Canada for 2-3 mons so will they be easily return back home? 

They are traveling to Canada tk visit their daughter and since it gets really cold in winters so better to go now

Yes, they do plan to live in US.

 

can someone please also confirm what's the actual requirement for Citizenship. Someone mentioned that they should be in US for at least 6 mons in a year. Someone mentioned they should be 20 mons in US in 36 mons to apply for citizenship? Can they apply for citizenship in 3 years or 5 years and where can I find the eligibility criteria?

 

Thank you!

This should be helpful.  Essentially they need to be physically present for more than 549 days (550 days if there are 2 leap years in the 5 year range).

 

https://www.uscis.gov/citizenship/continuous-residence-and-physical-presence-requirements-for-naturalization

[Mike E 11,739]

24 minutes ago, Dashinka said:

This should be helpful.  Essentially they need to be physically present for more than 549 days (550 days if there are 2 leap years in the 5 year range).

 

https://www.uscis.gov/citizenship/continuous-residence-and-physical-presence-requirements-for-naturalization

5 * 365 / 2 = 913 days

 

Assuming 2 leap years, it is 914 days.

 

That is the required physical presence for a pair of married IR-5s to naturalize

[Mike E 11,739]

33 minutes ago, aka1990 said:

 So if they go to Canada for 2-3 mons so will they be easily return back home?

legally there should be no problem.

33 minutes ago, aka1990 said:

 

 

They are traveling to Canada tk visit their daughter and since it gets really cold in winters so better to go now

By November 21, I would expect sub zero temperatures in Canada and a foot of snow. There is maybe 30 more days of good weather left in Canada this year. I remember one day in August a cold front moved in on a 70 degree day, and that next time it reached 60 was June.

 

33 minutes ago, aka1990 said:

can someone please also confirm what's the actual requirement for Citizenship. Someone mentioned that they should be in US for at least 6 mons in a year.

240 days to be safe. 

33 minutes ago, aka1990 said:

 

5 years and where can I find the eligibility criteria?

5 years. Each day they think they are eligible they can try:

 

https://www.uscis.gov/citizenship-resource-center/learn-about-citizenship/naturalization-eligibility

 

to actually see.

[Dashinka 24,481]

1 hour ago, Mike E said:

5 * 365 / 2 = 913 days

 

Assuming 2 leap years, it is 914 days.

 

That is the required physical presence for a pair of married IR-5s to naturalize

No idea why, but I was calculating based on the 3 year rule.  

[Ontarkie 14,218]

~~MOved to WOrking and Traveling from Bringing Family of USC- as the OP's parents are wanting to travel while waiting for physical GC.~~

[OldUser 6,611]

They can only apply for US citizenship under 5 year rule, if they meet physical presence requirement, don't break their continuous residence, be of a good moral character and file taxes every year (never miss it).

Edited August 22, 2023 by OldUser