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exchange student permanent resident

exchange student permanent resident

Old Dec 5th 2005, 2:11 am
  #1  
Ana
Guest
 
Posts: n/a
Default exchange student permanent resident

Hello,

My daughter is a college student. This year she is studing in Paris as
an exchange student. She is a permanent resident since 1999 and is due
to apply for US citizenship now. She is going to apply when she comes
back in June 2006. My question is: She will be out of the USA for 9
months (September 2005-May 2006). Is this period going to be considered
as disruption of the residency in the US? Can she apply for citizenship
when she will be back in June or she will have to wait for 5 more years?
 
Old Dec 5th 2005, 5:04 pm
  #2  
Olivier Wagner
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Posts: n/a
Default Re: exchange student permanent resident

It is a disruption if she is out more than 6 months. You may be fine if she
comes back for christmas. If you want to make sure that she'll be able to
come back to the US, I would advise her to apply for a reentry permit.

If she is out for more than 6 months, she would have to wait another 5 years
to apply for citizenship.

AN INTERESTING ALTERNATIVE: If both of her parents are US citizens, then she
is automatically a US citizen and can apply for a certificate of citizenship
using form N-600


"ana" <[email protected]> wrote in message
news:[email protected] oups.com...
    > Hello,
    > My daughter is a college student. This year she is studing in Paris as
    > an exchange student. She is a permanent resident since 1999 and is due
    > to apply for US citizenship now. She is going to apply when she comes
    > back in June 2006. My question is: She will be out of the USA for 9
    > months (September 2005-May 2006). Is this period going to be considered
    > as disruption of the residency in the US? Can she apply for citizenship
    > when she will be back in June or she will have to wait for 5 more years?
 
Old Dec 7th 2005, 4:10 pm
  #3  
Ed MacNeil
Guest
 
Posts: n/a
Default Re: exchange student permanent resident

Olivier Wagner wrote:
    > It is a disruption if she is out more than 6 months. You may be fine if she
    > comes back for christmas. If you want to make sure that she'll be able to
    > come back to the US, I would advise her to apply for a reentry permit.
    >
    > If she is out for more than 6 months, she would have to wait another 5 years
    > to apply for citizenship.
    >
    > AN INTERESTING ALTERNATIVE: If both of her parents are US citizens, then she
    > is automatically a US citizen and can apply for a certificate of citizenship
    > using form N-600
    >
    >
    > "ana" <[email protected]> wrote in message
    > news:[email protected] oups.com...
    >
    >>Hello,
    >>My daughter is a college student. This year she is studing in Paris as
    >>an exchange student. She is a permanent resident since 1999 and is due
    >>to apply for US citizenship now. She is going to apply when she comes
    >>back in June 2006. My question is: She will be out of the USA for 9
    >>months (September 2005-May 2006). Is this period going to be considered
    >>as disruption of the residency in the US? Can she apply for citizenship
    >>when she will be back in June or she will have to wait for 5 more years?
    >
The answer you got is almost (but not quite) correct.

Section 316.5(c) of the Combined Federal Regulations is quoted below:

"(1) Absence from the United States.

(i) For continuous periods of between six (6) months and one (1) year.
Absences from the United States for continuous periods of between six
(6) months and one (1) year during the periods for which continuous
residence is required under Sec. 316.2(a)(3) and (a)(6) shall disrupt
the continuity of such residence for purposes of this part unless the
applicant can establish otherwise to the satisfaction of the Service.
This finding remains valid even if the applicant did not apply for or
otherwise request a nonresident classification for tax purposes, did not
document an abandonment of lawful permanent resident status, and is
still considered a lawful permanent resident under immigration laws. The
types of documentation which may establish that the applicant did not
disrupt the continuity of his or her residence in the United States
during an extended absence include, but are not limited to, evidence
that during the absence: (Amended 9/24/93; 58 FR 49913)

(A) The applicant did not terminate his or her employment in the United
States;

(B) The applicant's immediate family remained in the United States;

(C) The applicant retained full access to his or her United States
abode; or

(D) The applicant did not obtain employment while abroad."

Since, presumably, your daughter retained full access to a U.S.
residence with you and had her immediate family still residing in the
U.S. she should have no trouble proving that she did not disrupt the
period of required residence.

Also of interest may be sec316.5(b(5) quoted below:

"(5) Residence during absences of less than one year.

(i) An applicant's residence during any absence of less than one year
shall continue to be the State or Service district where the applicant
last resided at the time of the applicant's departure abroad.

(ii) Return to the United States. If, upon returning to the United
States, an applicant returns to the State or Service district where the
applicant last resided, the applicant will have complied with the
continuous residence requirement specified in Sec.316.2(a)(5) when at
least three months have elapsed, including any part of the applicant's
absence, from the date on which the applicant first established that
residence. If the applicant establishes residence in a State or Service
district other than the one in which he or she last resided, the
applicant must complete three months at that new residence to be
eligible for naturalization."

Thus, your daughter should be able to file form N-400 to apply for
naturalization immediately upon her return to the US if she is otherwise
eligible.

(5) Residence during absences of less than one year.

(i) An applicant's residence during any absence of less than one year
shall continue to be the State or Service district where the applicant
last resided at the time of the applicant's departure abroad.

(ii) Return to the United States. If, upon returning to the United
States, an applicant returns to the State or Service district where the
applicant last resided, the applicant will have complied with the
continuous residence requirement specified in Sec.316.2(a)(5) when at
least three months have elapsed, including any part of the applicant's
absence, from the date on which the applicant first established that
residence. If the applicant establishes residence in a State or Service
district other than the one in which he or she last resided, the
applicant must complete three months at that new residence to be
eligible for naturalization.

Ed MacNeil, Ancient Aviator
North Hampton, NH, USA
 

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