Naturalization and reentry permit for green card holders

[Emi&Emi 0]

Hello

I have been a permanent resident (based on marriage) since June 2011. I am going to remove conditions and get a 10 year green card in six months. I was wondering, what would happen if once removed conditions I moved back to Italy with my wife. My understanding is that I would lose my resident status. However, I found out that for green card holders it is possible to obtain a special immigration permit (reentry permit) to live temporarily out of the US, this permit would keep a green card or resident status valid for at least two years.

So, in the hypothetical scenario that my wife and I moved back to Italy with a 10 year green card and a reentry permit. Would I still be eligible for naturalization after 3 years holding a green card?

Looking at the general eligibility requirements for naturalization I would say no. However I would be keen on knowing your opinion guys and also it would be great to hear from people that applied for a reentry permit.

Thanks a lot

Emanuele

[JohnR! 5,495]

If you move out of the US for a long period of time it will affect your eligibility to citizenship. On a positive note, the reentry permit will allow you to return to the US and maintain your LPR status. Good luck!

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=a0ffa3ac86aa3210VgnVCM100000b92ca60aRCRD&vgnextchannel=a0ffa3ac86aa3210VgnVCM100000b92ca60aRCRD

Naturalization for Spouses of U.S. Citizens

In general, you may qualify for naturalization under Section 319(a) of the Immigration and Nationality Act (INA) if you

• Have been a permanent resident (green card holder) for at least 3 years
• Have been living in marital union with the same U.S. citizen spouse during such time
• Meet all other eligibility requirements under this section

In certain cases, spouses of U.S. citizens employed abroad may qualify for naturalization regardless of their time as permanent residents. These spouses may qualify under Section 319(b) of the INA.

For information relating to spouses of military members, see our Members of the Military and Their Families page. Also for information about becoming a permanent resident or petitioning for family members, please visit our Green Card or Family webpages.

General Eligibility Requirements

To be eligible for naturalization pursuant to section 319(a) of the INA, an applicant must:

• Be 18 or older
• Be a permanent resident (green card holder) for at least 3 years immediately preceding the date of filing Form N-400, Application for Naturalization
• Have been living in marital union with the U.S. citizen spouse, who has been a U.S. citizen during all of such period, during the 3 years immediately preceding the date of filing the application and up until examination on the application
• Have lived within the state, or USCIS district with jurisdiction over the applicant’s place of residence, for at least 3 months prior to the date of filing the application
• Have continuous residence in the United States as a lawful permanent resident for at least 3 years immediately preceding the date of filing the application
• Reside continuously within the United States from the date of application for naturalization until the time of naturalization
• Be physically present in the United States for at least 18 months out of the 3 years immediately preceding the date of filing the application
• Be able to read, write, and speak English and have knowledge and an understanding of U.S. history and government (also known as civics)
• Be a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States during all relevant periods under the law

[aaron2020 11,651]

Hello

I have been a permanent resident (based on marriage) since June 2011. I am going to remove conditions and get a 10 year green card in six months. I was wondering, what would happen if once removed conditions I moved back to Italy with my wife. My understanding is that I would lose my resident status. However, I found out that for green card holders it is possible to obtain a special immigration permit (reentry permit) to live temporarily out of the US, this permit would keep a green card or resident status valid for at least two years.

So, in the hypothetical scenario that my wife and I moved back to Italy with a 10 year green card and a reentry permit. Would I still be eligible for naturalization after 3 years holding a green card?

Looking at the general eligibility requirements for naturalization I would say no. However I would be keen on knowing your opinion guys and also it would be great to hear from people that applied for a reentry permit.

Thanks a lot

Emanuele

No, you will not qualify for naturalization if you move to Italy.

In the 3 months before applying for naturalization, you must be living in the US. Living in Italy makes it impossible for you to meet this requirement.

Furthermore, you wouldn't meet the requirement to live continuously in the US from the day you apply to the day you take the oath. You cant meet that requirement living in Italy.

Edited January 7, 2013 by aaron2020