how long out of USA with green card.
Dec 21st 2006, 7:02 pm
#46
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: how long out of USA with green card.
Originally Posted by janj
I'm a little confused as to whether being out of the country more than 6 months but less than 12 affects naturalization.
My 18 year old daughter has held a greencard for 14 years. She is currently in New Zealand on a gap year. She'll return to the US 51 weeks after leaving for NZ. We got her a reentry permit anyway to allow for emergencies, but the expectation is that she will not need to use it.
Our lawyer tells us that provided she doesn't use the permit, she can apply for naturalization immediately on returning. Is this information wrong?
Thanks.
My 18 year old daughter has held a greencard for 14 years. She is currently in New Zealand on a gap year. She'll return to the US 51 weeks after leaving for NZ. We got her a reentry permit anyway to allow for emergencies, but the expectation is that she will not need to use it.
Our lawyer tells us that provided she doesn't use the permit, she can apply for naturalization immediately on returning. Is this information wrong?
Thanks.
An absence of more than six months creates a "presumption" of a break. An absence of a year or more makes the pesumption conclusive.
Here in Los Angeles, there would probably be no problem. In other parts of the US, they do apply the six month presumption.
So, that said, your daugther CAN apply for permanent residence upon return within one year of departure. However, it may be necessary to overcome the presumption of a break of residence -- which looks like it might not so hard in this situation. However, who knows what CIS will do.
Dec 21st 2006, 7:40 pm
#47
Forum Regular
Joined: Mar 2004
Location: Boston suburbs
Posts: 132
Re: how long out of USA with green card.
Originally Posted by Folinskyinla
Hi:
An absence of more than six months creates a "presumption" of a break. An absence of a year or more makes the pesumption conclusive.
Here in Los Angeles, there would probably be no problem. In other parts of the US, they do apply the six month presumption.
So, that said, your daugther CAN apply for permanent residence upon return within one year of departure. However, it may be necessary to overcome the presumption of a break of residence -- which looks like it might not so hard in this situation. However, who knows what CIS will do.
An absence of more than six months creates a "presumption" of a break. An absence of a year or more makes the pesumption conclusive.
Here in Los Angeles, there would probably be no problem. In other parts of the US, they do apply the six month presumption.
So, that said, your daugther CAN apply for permanent residence upon return within one year of departure. However, it may be necessary to overcome the presumption of a break of residence -- which looks like it might not so hard in this situation. However, who knows what CIS will do.
