Travel outside of US-effect on GC and Citizenship

[gol_e_ehsan 0]

Hello Everyone,

My husband currently holds a conditional permanent residence card. He has plans to go back to Iran soon, and plans on being gone just a couple months. If for some reason he has to stay longer how would that affect when he can apply for citizenship.

My first question:

From what I understand his permanent residence status would be ok as long as he was not out of the country for a year (or is it 6 months?) I would remain in the US and we would have constant communication, he has bank accounts/credit cards that would still be active so I think that would show that he has not abandoned his status. Is this true? Is 6 months the limit or less than 1 year?

2nd:

If my husband is out of the country for more than 6 months does that affect his eligibility to apply for citizenship? I mean, would he have to wait longer or would his 3 years (he came as my fiance so from the date of his 1st green card he could apply after 3 years) start over? This is the part that I am more concerned over. Thank you all for any info that you might have and I hope that all of your cases are going quickly and successfully.

Kara

[Brother Hesekiel 2,235]

1) Let's put it this way: a single absence up to 6 months should not have any impact. But be realistic: most of us guys have to work for a living. I am doing okay financially, but there's no way I could take a vacation that takes several months. If your husband is very wealthy and can show that money is no object for you guys, then you don't need to worry. Keep in mind though that CBP can inquire about a resident's absence from the US even if the trip was shorter than 6 months, purely in order to determine if the resident has abandoned his residency. They usually don't do that up to 6 months, but after that mark has been reached, they will most likely be very interested in why he was absent from the US for that long, what he was doing in Iran, and how he could afford it.

The fact that you live and remain in the US, and that he uses his credit cards does not imply that he lives in the US as well if he's in-yes, that matters as well--Iran for 6 months or even up to a year.

2) At the 6-month mark, the residency clock stops. It starts again exactly where it stopped when the resident returns. If the absence extends to 1 year, the residency clock jumps back to zero. At the N-400 stage every absence from the US has to be listed, precisely, and it's up to the I.O. to dig deep into this or not at all. Again, as before, up to 6 months is usually not an issue, as long as there's no pattern of leaving for several months, coming back for a few weeks, then leaving again. But once the 6 months mark has been reached, the default assumption in favor of the foreigner reverses, again by default.

It sounds so simple, but my advice is: use common sense. If your husband lives in the US and visits family once or twice, it will have no negative influence; if he lives partly in the US and partly in Iran, he's asking for trouble.

Edited May 12, 2011 by Just Bob

[gol_e_ehsan 0]

Thank you so much for the info, it was very helpful. I will be working in the US while he is away, so we will still have income. He has to go to Iran probably at least 2 times for several months. After a year it should be done and then he he would be in the US permanently.

It really helped, thank you!

[Mehdi M 0]

Kara:

I guess the following links answer your questions.

http://en.wikipedia.org/wiki/Permanent_residence_%28United_States%29#Abandonment_or_loss_of_permanent_residence_status

http://travel.state.gov/visa/immigrants/info/info_1333.html

Mehdi

Hello Everyone,

My husband currently holds a conditional permanent residence card. He has plans to go back to Iran soon, and plans on being gone just a couple months. If for some reason he has to stay longer how would that affect when he can apply for citizenship.

My first question:

From what I understand his permanent residence status would be ok as long as he was not out of the country for a year (or is it 6 months?) I would remain in the US and we would have constant communication, he has bank accounts/credit cards that would still be active so I think that would show that he has not abandoned his status. Is this true? Is 6 months the limit or less than 1 year?

2nd:

If my husband is out of the country for more than 6 months does that affect his eligibility to apply for citizenship? I mean, would he have to wait longer or would his 3 years (he came as my fiance so from the date of his 1st green card he could apply after 3 years) start over? This is the part that I am more concerned over. Thank you all for any info that you might have and I hope that all of your cases are going quickly and successfully.

Kara