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matrix66

Leaving country before citizenship

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Hi Guys and Gals,

I have a quick question. My mom is suppose to be getting her citizenship interview date in next 2 months. She has been thru the citizenship interview once already but didn't get to pass it, as she was not good enough in English language part of the test. The immigration office has given her another chance to appear for testing but we know it would be useless as her understanding of English is not good enough. We are going to submit a request with USCIS office letting them know that we are withdrawing our application for her citizenship.

Now, my mom needs to travel out of USA in first week of September to take care of an urgent matter and would not be able return before Feb 2016. Our concern is if that is going to make her permanent resident status void or in other words if her green card will become useless. She has been living in USA for more than 3 years and has been in the country more than 70% of the time.

Please advise. Thank you so much in advance.

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Since it's less than 6 months there should be no problem and she will not even interrupt her continuous residence for citizenship. Make sure she maintains residence in the US (maintains a home, files taxes, etc).

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She will not lose her green card if that is what you are worried about.


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Hi Newacct &Jose&Eli,

Your quick replies are much appreciated. My mom is not gonna be pursuing further for her citizenship. And, she may have to stay abroad longer than 6 months, (7 months to be precise). Witht that being said, our concern is that if that will impact her perm resident status or if she'll lose her perm resident status?

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From the USCIS site http://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence

You may also lose your permanent resident status by intentionally abandoning it. You may be found to have abandoned your status if you:

  • Move to another country, intending to live there permanently.
  • Remain outside of the United States for an extended period of time, unless you intended this to be a temporary absence, as shown by:
    • The reason for your trip;
    • How long you intended to be absent from the United States;
    • Any other circumstances of your absence; and
    • Any events that may have prolonged your absence.
    • Note: Obtaining a re-entry permit from USCIS before you leave, or a returning resident visa (SB-1) from a U.S. consulate while abroad, may assist you in showing that you intended only a temporary absence.
  • Fail to file income tax returns while living outside of the United States for any period.
  • Declare yourself a “nonimmigrant” on your U.S. tax returns.

Just have her purchase a return flight, and especially a re-entry permit to show she wants to come back.

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From the USCIS site http://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence

Just have her purchase a return flight, and especially a re-entry permit to show she wants to come back.

A re-entry permit is not needed since she will be staying for less than a year. She can travel and return in her 7 month trip she'll be fine. The most that is going to happen is she'll be asked by CBP the reason for staying that long. If she stays more than 1 year, then that's where there's gonna be trouble and a re-entry permit must be carried to avoid that as her residency will be deemed abandoned. By the way withdrawi the N-400 application has no bearing on her permanent resident status. Let her book her trip and go.


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12/02/2017: Mailed N 400 to Phoenix, AZ Lockbox. (I-751 still pending)

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Hi Newacct &Jose&Eli,

Your quick replies are much appreciated. My mom is not gonna be pursuing further for her citizenship. And, she may have to stay abroad longer than 6 months, (7 months to be precise). Witht that being said, our concern is that if that will impact her perm resident status or if she'll lose her perm resident status?

She will not lose her LPR status, but she will break her continuous residency which means all her time in the US counts for 364 days towards becoming a USC. She will need 4 more years plus a day if applying based on the 5 year rule or if married to a USC she will need 2 years plus one day before she can apply for citizenship again based on the 3 year rule. You might want to ask her how important getting her USC is and if she is willing to wait if she should be outsid ethe US for more than 6 months for his trip.

Dave

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