swingin scot

I'm a bit confused as to the requirements involved with a permanent green card. I should receive my permanent green card, ie, conditions removed, by this October through my marriage to a USC. It seems like I should be able to apply for citizenship a year after that (you can apply 3 years after marriage to USC, assuming you're still married, but 5 years if not). My question is, once I have my permenent green card, can I go live back in the UK and still process my citizenship here in the US (heard something about just having to be in the US one day a year to keep your card) or will that affect my eligibility for US citizenship?
I've heard conflicting information on all of this and just a wee bit confused. Thanks a lot.

jeffreyhy

SS,

One can apply for citizenship 3 years after becoming a permanent resident based on marriage (other conditions being met also), not 3 years after marriage. See the Guide to Naturalization on the USCIS web site.

You heard conflicting information on what it take to maintain Permanent Resident status in the US most likely because it's a very fact-specific issue. If you go back to live in the UK you run the very real risk that you will lose your PR status.

Regards, JEff

ironporer

Jeff,
Cathy was issued CPR in August- is that when her "clock" started? Or does it mean 3 years AFTER she gets PR (vs CPR) status?

sphyrapicus

The green card is not permanent. It expires in 10 years. The requirement for citizenship is 3 years after you have been granted permanent resident status (not 3 years after marriage).

I'm also a bit confused regarding your timeline. You claim that you will have your conditions removed this October, implying that you have already submitted an I-751. Given that the fastest service centers for I-751 are California and Texas (taking about 11 months), this would imply that you applied for removal of conditions in November of 2003. Is timeline correct?

As far as leaving the country, to be eligible for citizenship, you need to meet the following requirements:

An applicant is eligible to file if, immediately preceding the filing of the application, he or she:

* has resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing with no single absence from the United States of more than one year;
* has been physically present in the United States for at least 30 months out of the previous five years (absences of more than six months but less than one year shall disrupt the applicant's continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period)
* has resided within a state or district for at least three months

jeffreyhy

ip,

Yes. A PR with conditions is nevertheless a PR.

Regards, JEff

Rete

You have only to look at our timeline below to see that CPR and PR are considered the same in the countdown for eligibility for naturalization. The moment you have been approved for [c]residency your timeline has started.

There are criteria to be followed and it is prudent to read of them in the naturalization guidelines manual available online from the USCIS website. You must have continuous residency, been married for a full three years, registered for the selective service if you are the right age group, resided in your state for x number of months, etc.

Rete

Folinskyinla

Hi:

Some myths never die. What you heard is WRONG. The Board of Immigration Appeals said so in 1975 in Matter of Kane Kane was later reaffirmed in Matter of Huang. If you want to, go over to www.usdoj.gov/eoir and then drill down in the "virtual law library" and the "AG/BIA decisions." Kane is in volume 15 and Huang is in volume 19.

Andy Platt

"ironporer" <member10524@british_expats.com> wrote:

    > Cathy was issued CPR in August- is that when her "clock" started? Or
    > does it mean 3 years AFTER she gets PR (vs CPR) status?

A CPR *is* a PR so it started on the "resident since" date specified on the
I-551 card (a.k.a. Green Card) - sometime in August presuming the date you
mentioned is the same as on the card.

Andy.

--
I'm not really here, it's just your warped imagination

Mrraveltay

sphyrapicus wrote:

    >
    > The green card is not permanent. It expires in 10 years.
    >

But it is important to note that the status doesn't expire in 10 years,
just the card.

sphyrapicus

Right you are.