Jump to content
Sign in to follow this  

Giving up green card--will that affect my future naturalization application?

2 posts in this topic

Recommended Posts

I'm not sure if this is the right place to ask my questions, but I figure it's not gonna hurt so I'd like to start my posting here to give it a shot.

I got married with my US-citizen spouse in the summer of 2007, and got my permanent residency card upon the removal of conditions by the end of last year. This green card is good for 10 years, and I expect that I should be able to apply for naturalization in a few years.

The problem is I just got a very good job offer to work in the embassy in the U.S. for the counrty I was originally from. The offer along with excellent benefits including tax exemption is too good to pass. But by taking the job, I am afraid that the tax exemption status is going to draw a lot of problems. Not to mention I'm not sure if dual cizenship is acceptable for either side of governments(though permanent residency is not legally considered citizenship yet). Even though I am not certain how anyone is going to find out, I don't want any trouble. Therefore, I am thinking about giving up my green card.

However, by giving up my current green card I am wondering if I can still apply for naturalization directly after a few years when my contract with this job is up. Or do I need to start all over again though by then I'll be with my spouse for more than 7-10 years and we have kids? What are the conditions for anyone to apply for naturalization directly if he/she can prove to have been remaining happily in a truthful marriage? I am afraid the record of me ever giving up the green card will cause difficulties for me to apply for naturalization (or any other status if I have to start over) though by then I will be in the marriage long enough. What should I do to avoid it? I would very much appreciate any good advice here. Thanks.

Share this post

Link to post
Share on other sites

There was another thread about a similar topic on VJ recently, you can read it here:


Normally, a person who became a legal permanent resident due to a marriage to a USC can apply for naturalization 3 years after initally being issued the GC. If you give up your GC before that, I do believe the naturalization clock will restart - meaning that if you now give up your GC for this position, and at some point later on re-apply for it, you couldn't apply for citizenship until you've had the new GC for three years.

For most embassy / consulate jobs, giving up your GC is a requirement. A person working for their embassy or consulate in the US is there on behalf of their respective homecountry, therefore simultaneously being a legal permanent resident of the US is often considered a conflict of interest. If it is a requirement to give up your GC for this position, the whole not paying taxes -issue is non-relevant, as it was not your choise in the first place, but a requirement of the job.

Giving up the GC for a job that requires you to take on another visa (probably the G4) shouldn't hinder your chances of re-applying and being issued a new GC after this job is over, assuming you and your wife remain married. However, you could not go straight for citizenship - you would reapply for the green card, which would mean paying all the fees and going through the waiting, and after 3 years (or 90 days shy of three years, I believe) could then proceed to applying for naturalization. You can do AOS from the G4, which means you would not have to leave the US and wait abroad for the GC, but could adjust your status within the US.

If your future career is possibly in the field of embassy / consulate / diplomatic work, it would be good to look into your particular country's regulations now - for most embassy / government representative positions, dual citizenship is not advisable and in some situations dual citizens are not eligible to apply - because of the conflict of interest issue. You should also talk to the people at your embassy, they should be able to tell you the details of their rules and regulations in terms of the immigration status and visa requirements for their employees.

Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

Share this post

Link to post
Share on other sites
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.