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Days present in the US before the re-entry permit and in progress to apply for citizenship

20852 |
Filed under: Re-entry permit

Wife got her GC on August 2010. Lived in the US till the end of Jan 2011. Due to a job opportunity moved to overseas and got her re-entry permit for 1 year. My question is when the time comes for citizenship application can we count that 4 months towards the 18 months physical presence in the US before to mail our application ? Or 4 months will be lost since she got the travel book ?

Attorney Answers 3

  1. What is the longest gap she has, being away from U.S.? Did she seek to preserve her residency for naturalization? If yes, was it granted?

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

  2. How long did she spend outside the US? Did she file an N-470?

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

  3. If she stayed outside U.S. for more than one year, then anything before that one year is lost. Re-entry permit preserves her LPR status, but the chain of residency for naturalization purposes is broken, if she stays outside U.S. more than a year.

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