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VisaJourney.com > General Family Based Immigration Topics > Bringing family members of US Citizens to America

matrix66
Hi guys and gals,

I just need to know that after filing for citizenship if my parents travel outside the USA lets say for about 8 to 12 months, would that have any impact on their status or filing status? In other words would it be advisable to travel while one's application for naturalization is pending? Thanks.
gag54611
As green card holders, if they exceed 12 consecutive months out of the country, they will require a re-entry permit. Less than that, I believe that they will be fine. Maybe it would be adavantageous if they were to reduce the duration that they are away. Who knows, they might just get an interview date while they are away and have to come back anyway.

G
Boiler
QUOTE(matrix66 @ Apr 26 2006, 08:49 AM) *

Hi guys and gals,

I just need to know that after filing for citizenship if my parents travel outside the USA lets say for about 8 to 12 months, would that have any impact on their status or filing status? In other words would it be advisable to travel while one's application for naturalization is pending? Thanks.


The requirements for maintining permanent resident status are complicated and individual, here is a guidance but the safest bet would be to wait until they have their Citizenship then they can go for as long as they want:

Maintaining Permanent Residence
Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

You may be found to have abandoned your permanent resident status if you:

* Move to another country intending to live there permanently.
* Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
* Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
* Fail to file income tax returns while living outside of the US for any period.
* Declare yourself a “nonimmigrant” on your tax returns.


pax
QUOTE(matrix66 @ Apr 26 2006, 10:49 AM) *

Hi guys and gals,

I just need to know that after filing for citizenship if my parents travel outside the USA lets say for about 8 to 12 months, would that have any impact on their status or filing status? In other words would it be advisable to travel while one's application for naturalization is pending? Thanks.


Probably not, considering they could be called for an interview and fingerprinting and such in the meantime.

It would also disrupt their continuous presence in the States if they've been here less than 5 years.
matrix66
Thanks a lot guys and gals. smile.gif
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