mrk12410

I am looking for some info, see if someone can help me here.
I am born Pakistani. My ILR for UK is due in next couple months and so my US citizenship. If I obtain ILR for UK and then I Apply for US Citizenship. Do I have to give up my ILR for UK?? Or ILR will be creating problem in my citizenship?Please help me

Pollyana

I will move your post to the US forum, you might get a better response there than here in the Australia one

Noorah101

Just to get the whole picture...you are Pakistani, but you are currently living in the USA. You have a couple more months until you are eligible for US Citizenship. So that means you've had a US green card for at least 3 years (if based on marriage to a USC), or 5 years (if not married to a USC). Correct so far?

While you've been living in the USA, you've managed to keep your UK ILR active, right?

I know UK ILR does not create a problem for your US Citizenship, as long as you meet all the requirements for US Citizenship.

I do not know about the other way around.

Rene

dreamercon

Well, your post is confusing and you don't give enough info to tell whats going on. But if you leave the UK for two years or more, you lose your ILR status.

Of course, taking proactive steps to apply for or maintain ILR in the UK, may be considered as evidence of an intent to abandon US permanent resident status...

mrk12410

Sorry to confuse you all , i am born pakistani. Currently I am holding GC for past 7years. But from past 2years I am living in the UK on spouse visa and my ILR is couple months away. And my US citizenship due now,In every 5months and couple weeks I return to USA, to keep maintain my status in USA. Never fail to file tax return every year, valid driving license, bank accounts in USA as well to keep my ties to USA. Also my family is in USA. So if I apply for ILR before my USA citizenship, will it create any problem for US citizenship, after gaining my ILR I am willing to move Back to USA for 1year for my US citizenship.

civilservant

If it's found out that you have applied for ILR in the UK you may well lose your GC. How can you seriously state you are a PERMENANT resident of the US when you live in the UK??? Talk about wanting to have your cake and it eat it too.

ian-mstm

You might have a green card, but that's not the same as still being a US permanent resident. It's entirely possible that your move to the UK effectively resulted in you abandoning your status as a PR.


It is a myth that you will maintain your status by returning periodically to the US.


Okay... that's good.


Probably not, no.

But - do you meet the other requirements for US citizenship... physical presence and continuous residency? If you don't, you're not eligible.


If you move back to the US, you might effectively abandon your ILR status in the UK.

Bottom line - you can't have it both ways... much as you'd like to!

Ian

mrk12410

Ian thanx that's great, yeh I do meet presence criteria of US Citizenship.

S Folinsky

OP needs to consult with a lawyer very conversant in US immigration law. His posting raises many questions worthy of exploration.

mrk12410

I know I am in confusing situation, I must call my lawyer in USA to find out how I can fix this.

civilservant

How long have you held PR in the US, and how long we're you actually living there?

DavidLemon

OP states that they had GC 7 years ago, so one believes that PR status is at least that long.

mrk12410

I physically lived in US more then 5yeas nonstop.

Noorah101

However, it seems for the past 2 years, you have NOT lived in the USA nonstop. This can be problematic. You might have already lost your US PR status. You might now currently qualify for US Naturalization. By getting ILR in the UK, you could be seen as not living permanently in the USA (you can't live permanently in 2 places at once).

Definitely consult with an immigration attorney with experience in US PR abandonment issues before taking any action with either the ILR or Naturalization.

Rene

mrk12410

I will be discussing this issue with immigration attorney tomorrow, to find out how I can fix this issue. And what's the outcome etc.