andrew1973

With times being tough in the US my friend has decided to return to his native Holland.

He has a green card, which he obtained through his own talents but is also married to a US citizen.

At the moment he has a job offer and is returning to Holland in the middle of January.
The wife is staying here in the short term.

As far as I understand it so he doesn't burn his bridges with the US he needs to file a form to get "permission" to be out of the country for a significant time, what is this form? Does it only guarantee him re admission up to 6 months?

What would happen if:
He didn't fill this form in?
Stayed out longer than 6 months?

As far as I'm aware he has had his GC for 3 years or more.

With that in mind would the citizenship be an easier option?

Can he apply whilst out of the country?

What would happen if he left without citizenship and stayed out for over 6 months?

Cost is a significant issue, what is the approx. cost of these options?

Thanks

Andrew

Noorah101

Hi Andrew,

The cost of applying for citizenship right now is $675. If he's been a PR for 3 years minus 90 days, AND his marriage to the USC is 3 years or more, AND he meets the other requirements found in USCIS' guide to naturalization, he can file the N-400 for citizenship now. However, if he's planning to go work overseas, that could disrupt his physical presence in the USA and prohibit him from being eligible to become a USC. Take a look at the USCIS Guide to Naturalization for more details, found at www.uscis.gov.

The form you are talking about is a re-entry permit, form I-131, found at www.uscis.gov, Immigration Forms. Along with him maintaining his ties to the USA (i.e. bank account, home, filing US tax return each year...), the re-entry permit allows him to be outside the USA for up to 2 years without considering his PR status abandoned. He can apply for the re-entry permit before he leaves the USA, and have it mailed either to his home in the USA or the US consulate in Holland for him to pick up. He may need to stay in the USA long enough to do the biometrics associated with filing the I-131. The fee for filing the I-131 is $305. I am not sure if that includes the biometrics fee, which is usually $70.

If he leaves without obtaining the re-entry permit, he risks losing his PR status if he spends too much time outside the USA, period. Each case is looked at on an individual basis, no two cases are alike, and no one can predict you friend's outcome is he leaves the USA for prolonged periods.

Rene

Elvira

Am I right in thinking that an absence of more than a year re-sets the naturalization cock even if a re-entry permit is obtained?

Noorah101

I believe so, yes.

andrew1973

Thanks.

Andrew

nettlebed

Do NOT mess with the immigration cock!!!
http://carcino.gen.nz/images/index.p...9a680/276e9e77

Folinskyinla

Hi:

It depends.

Folinskyinla

Hi:

Your friend should talk to an attorney experienced in abandonment law. Preferably one who has actually tried and abandonment hearing or two.

This is an extremely complicated area of law -- there are lot of myths and it is quite easy to mix and mis-match several concepts. Your post is an example of that.

Also, you don't begin to give enough in the way of facts to begin to evaluate the case.

JCraigFong

Noorah's information about the N-400 (naturalization) and the I-131 (re-entry permit) are correct. Note, however, the she wisely leaves alone the issue of what constitutes abandonment and how to preserve residence.

I note that the Resident is married to a US Citizen, and this could be a saving grace, if the Resident departs for a long period. However, I would not dance out onto the edge of this limb without more facts and analysis.

I second Stuart Folinsky's call for you to seek competent counsel on the issue of abandonment. It's a very slippery area, and if you wish to preserve your resident status, you should talk with a professional.

--J Craig Fong
Los Angeles, CA

Folinskyinla

J:

Ah the battling metaphors. Rather than mud and ice, I think of improvised explosive devices -- and talk about land mines.

I've noticed that the Supreme Court used Lewis Carrol to describe the immigration laws while the 9th Circuit has used J.M. Barrie. Even though opposite, they are both appropriate.

Titchski

Hang on a minute! No-one has ever mentioned a naturalisation cock to me! Should I be worried about the citizenship interview now?

nettlebed

Best do what Horse from The Full Monty tried to do:

http://thumbnails.hulu.com/6/861/711...AGhZOc-9aQ.jpg

ian-mstm

An single absence from the US of 6+ months stops the naturalization clock. An single absence from the US for 1+ year resets the clock. It's all in the Guide to Naturalization... so I'm not sure why this should suddenly come as a surprise. It's in the section under "continuous residence".

Ian

DeanUK2US

Okay, I'm going to put this out there: Why do people go through the headache leading up to naturalization then want to leave for extended periods? I can understand if the issue is pressing, like taking care of a sick relative or similar, but to just do it at the risk of losing all the work that has gone before.

Lastly, if someone wants to return to their homeland, why are they bothered about losing citizenship?

nettlebed

One can never tell what the future will throw at one. If you take US citizenship, and have to leave for an unknown amount of time to take care of a sick relative, for example, or a work placement (since I became a USC my boss is already talking about me doing an extended stint in Slough, Romania, India and China, maybe totaling a year), then you can do so without any fear of being unable to return the the US. If you are an LPR, and a planned stay of nine months turns into an unplanned stay of a year or more your road to citizenship just got a lot longer.

That's not WHY I took US citizenship: I definitely plan to base my life in the US for the indefinite future, but it is a benefit, and gives me more flexibility to travel.