acquiring citizenship after long absences

[fpwl 1]

Im a 10 year GC holder and graduated, in the past, as a medical doctor in my home country ( Germany )

After trying to pass the medical boards in the US and failed, I saw no way to continue pursuing my career in the US

I decided to go back to Germany and completed a 5-year Medical Residency program

During those 5 years I was in Germany, I came back to the US every 10 months. The last 2 years there I was on a Reentry Permit.

 

I came back to the US last week, for good.

 

I have no interest in going back to Germany. I have no interest anymore in pursing a medical career ( I know, I wasted years of my life! )

I wanna become a US citizen.

Realistic :

 

# what are the chances of me acquire Citizenship on a 5 year rule? ( When can I apply ?)

 

# Is there any risk to be accused of abandoning my GC because of my previous absences overseas ( no absence was longer than 1 year )

 

 

 

 

 

 

[OldUser 6,976]

22 minutes ago, fpwl said:

# what are the chances of me acquire Citizenship on a 5 year rule? ( When can I apply ?)

Good chances.

You can apply 5 years from last week's entry date (safest approach).

You can also try applying 4 year and 1 day after returning from last week's entry date.

 

Essentially, treat your last week's entry to the US as start of US residency for the purposes of naturalization.

 

If you file under 5 year rule, that last trip won't be even in the list of trips you have to provide. If you apply under 4 years and 1 day rule, you'll have to prove you maintained residency and ties to the US, which makes filing under 5 year rule easier choice.

Edited October 8 by OldUser

[Boiler 45,730]

Another vote for 5 years.

[SalishSea 17,970]

Surprising that you would choose not to practice medicine in your own country.  Will you try to get into a US medical school?

[fpwl 1]

42 minutes ago, SalishSea said:

Surprising that you would choose not to practice medicine in your own country.  Will you try to get into a US medical school?

No, I failed USMLE step 1, that is the most important test to get a medical residency in the US. I could try again but I found out that I don't really love medicine so I wanna change career.

My parents moved to Spain and I have no close family in Germany anymore. My boyfriend is from Florida and would never live in  place like Germany ( bad weather ). So we gonna be living in Miami Beach  . much better than that terrible weather from my hometown Berlin :S

Edited October 8 by fpwl
wrong

[Lil bear 4,258]

8 hours ago, fpwl said:

No, I failed USMLE step 1, that is the most important test to get a medical residency in the US. I could try again but I found out that I don't really love medicine so I wanna change career.

My parents moved to Spain and I have no close family in Germany anymore. My boyfriend is from Florida and would never live in  place like Germany ( bad weather ). So we gonna be living in Miami Beach  . much better than that terrible weather from my hometown Berlin :S

Not sure Florida is all that good .. at least not at hurricane season !!! 😵‍💫

[igoyougoduke 1,662]

you will qualify for US citizenship 4 years and 9 months from last week. so that would be July - Oct 2029

[fpwl 1]

5 hours ago, Lil bear said:

Not sure Florida is all that good .. at least not at hurricane season !!! 😵‍💫

I understand no place is perfect. but the weather in Germany is just terrible, think about no Sun from November to March, rain, it is just depressing. There are probably places like that in the US as well, But I chose Florida coz you get "good weather" almost the whole year ( also I love Orlando and the parks )......I would prefer to live in Southern California ( best weather in America in my opinion ) but that is too expensive, also its a huge different time zone from where my parents are. 

 

 

 

[Lil bear 4,258]

4 hours ago, fpwl said:

I understand no place is perfect. but the weather in Germany is just terrible, think about no Sun from November to March, rain, it is just depressing. There are probably places like that in the US as well, But I chose Florida coz you get "good weather" almost the whole year ( also I love Orlando and the parks )......I would prefer to live in Southern California ( best weather in America in my opinion ) but that is too expensive, also its a huge different time zone from where my parents are. 

 

 

 

Dont doubt this at at all!! My comment was somewhat tongue in cheek as Florida is about to be  slammed by the second hurricane in 3 weeks. This one is a category 4-5. Lots of destruction from the first one still not yet cleared. It’s not a good  place to be right now 

[Aeroplane 10]

19 hours ago, fpwl said:

No, I failed USMLE step 1, that is the most important test to get a medical residency in the US. I could try again but I found out that I don't really love medicine so I wanna change career.

My parents moved to Spain and I have no close family in Germany anymore. My boyfriend is from Florida and would never live in  place like Germany ( bad weather ). So we gonna be living in Miami Beach  . much better than that terrible weather from my hometown Berlin :S

5 years as experts said

It’s a good place to live ( as you mentioned everyplace has its own pros and cons). About your career; can you try nursing? Or teaching?

[fpwl 1]

1 hour ago, Aeroplane said:

5 years as experts said

It’s a good place to live ( as you mentioned everyplace has its own pros and cons). About your career; can you try nursing? Or teaching?

 

no, nursing I would have to go to college again. teaching would be possible in some universities, but it is nothing guaranteed because since I failed Step 1 thats on my record forever.

I ll have to think in a new career, but I don't really wanna work again with "health" again....Im not very young ( 39 ) so I ll probably try some 2-year education, and in the future maybe trying to open some kind of business. 

 

[PeterNy 0]

The experts could be wrong because they only consider the 5 year requirement. Unfortunately there is also the question of abandonment of LPR status.

"Essentially, a lawful permanent resident is someone who has the right to reside permanently in
the United States so long as her status does not change. A lawful permanent resident who makes
a temporary visit abroad is permitted to enter the United States as a “special immigrant.”

If the lawful permanent resident’s trip abroad was more than a “temporary absence,” USCIS, CBP, or
ICE can find that she abandoned her residence. If USCIS, CBP, or ICE makes such a finding,
then she can no longer be admitted to the United States as a “special immigrant,” which means
that her status has changed. This status change means that she was no longer lawfully admitted
for permanent residence under INA § 101(a)(20). Therefore, when she re-entered the United
States, she actually did so without a valid visa and was therefore inadmissible under INA
§ 212(a)(7)(A)(i)(I). Because this individual was inadmissible at the time of entry, she would be
removable under INA § 237(a)(1)(A).59"

[OldUser 6,976]

10 minutes ago, PeterNy said:

The experts could be wrong because they only consider the 5 year requirement. Unfortunately there is also the question of abandonment of LPR status.

"Essentially, a lawful permanent resident is someone who has the right to reside permanently in
the United States so long as her status does not change. A lawful permanent resident who makes
a temporary visit abroad is permitted to enter the United States as a “special immigrant.”

If the lawful permanent resident’s trip abroad was more than a “temporary absence,” USCIS, CBP, or
ICE can find that she abandoned her residence. If USCIS, CBP, or ICE makes such a finding,
then she can no longer be admitted to the United States as a “special immigrant,” which means
that her status has changed. This status change means that she was no longer lawfully admitted
for permanent residence under INA § 101(a)(20). Therefore, when she re-entered the United
States, she actually did so without a valid visa and was therefore inadmissible under INA
§ 212(a)(7)(A)(i)(I). Because this individual was inadmissible at the time of entry, she would be
removable under INA § 237(a)(1)(A).59"

When applying for citizenship, USCIS will look at the trips in the last 5 years. This is why the recommendation is to wait 5 years from last long trip, so it won't be covered in statutory period when N-400 is reviewed. Since OP was allowed into the US as LPR by CBP and not given NTA, it was determined that LPR status wasn't abandoned.

[Boiler 45,730]

OP was admitted first post said so.

 

An IJ would make a finding of abandonment.