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Immigration Forum / USA Marriage Base / April 2005



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Green card/Citizenship??

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shepslady - 30 Apr 2005 05:00 GMT
Am I correct in thinking once one has the 10 year green card if they
stay out of the country for more than a year the GC is revoked?

If this is correct what happens if one takes Citizenship & then decides
to leave for more than a year?

Not really planning on leaving but curious as to what the options would
be if the occassion arose??

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shepslady

Bob - 30 Apr 2005 05:11 GMT
> Am I correct in thinking once one has the 10 year green card if they
> stay out of the country for more than a year the GC is revoked?
[quoted text clipped - 4 lines]
> Not really planning on leaving but curious as to what the options
> would be if the occassion arose??

If your a citizen, then you can go for however long you like.

If your a LPR, then if you abandom your residency, you risk lossing the
card, but you can apply for a re-entry permit if you were to go for a
while for work reasons etc...
Noorah101 - 30 Apr 2005 05:14 GMT
> Am I correct in thinking once one has the 10 year green card if they
> stay out of the country for more than a year the GC is revoked?
[quoted text clipped - 4 lines]
> Not really planning on leaving but curious as to what the options
> would be if the occassion arose??

Yup, what Bob said, basically. :)

There are steps a GC holder can take to ensure PR status is maintained
if out of the country for a longer period of time.

Once you're a citizen, you're just like every other USC, you can come
and go as you please, however long you please....and have to file US
taxes from overseas if you go live somewhere else.

Reme
shepslady - 30 Apr 2005 05:17 GMT
> Yup, what Bob said, basically. :)
>
[quoted text clipped - 6 lines]
>
> Reme

Cheers Guys thats what I thought but hubby seemed to think differently.
Now I guess its back to deciding if I want to do the citizenship thing
or not but plenty of time to think it over!

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shepslady

Noorah101 - 30 Apr 2005 05:43 GMT
> Cheers Guys thats what I thought but hubby seemed to think
> differently. Now I guess its back to deciding if I want to do the
> citizenship thing or not but plenty of time to think it over!

You're welcome!  That brings up a question I've been mulling over, too.
After you get your LPR, I assume you can take all the time in the world
to become a citizen, right?  Would any problem arise if you decide to
become a citizen 8 years later, or something?

Rene
Boiler - 30 Apr 2005 06:15 GMT
> You're welcome!  That brings up a question I've been mulling over,
> too.  After you get your LPR, I assume you can take all the time in
> the world to become a citizen, right?  Would any problem arise if you
> decide to become a citizen 8 years later, or something?
>
> Rene

There was a post on the Immigration board from someone who had
waited 38 years.

As far as I can see you would get some leniancy on the quiz due
to old age!
Noorah101 - 30 Apr 2005 06:32 GMT
> There was a post on the Immigration board from someone who had waited
> 38 years.
>
> As far as I can see you would get some leniancy on the quiz due to
> old age!

Wow! hehehe...maybe they'll make you spell "I live in a retirement
community" :)

Thanks Boiler!

Rene
Boiler - 30 Apr 2005 06:34 GMT
> Wow! hehehe...maybe they'll make you spell "I live in a retirement
> community" :)
>
> Thanks Boiler!
>
> Rene

Probably best to leave your teeth in for the English proficency......

Now if they had a spelling test I would not even consider applying.
Folinskyinla - 30 Apr 2005 07:50 GMT
> Probably best to leave your teeth in for the English proficency......
>
> Now if they had a spelling test I would not even consider applying.

Hi:

No need for valid spelling.  Hey. on the American Institutions
examination here in California, you only need to say "Arnold" when asked
who the governor is.  They don't even require you to SAY
"Schwarzenegger."  In regards to Arnold's last two predecessors, you had
to know "Gray Davis" or "Pete Wilson" and probably be able to spell it.
I won't even attempt to spell the name of Wilson's predecessor.

As an aside, younger daughter is kind of upset that she has an actor's
signature on her bachelor's degree.  I assurred her that I felt the same
way about MY bachelor's degree.  My law degree was signed by Edmund G.
Brown, Jr., the current mayor of Oakland, CA.  The signator of my
bachelor's degree also went on to other office, but he passed away last
year.  Jerry is still around.

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Certified Specialist
Immigration & Nat. Law
Cal. Bar Board of Legal Specialization

Folinskyinla - 30 Apr 2005 07:44 GMT
> There was a post on the Immigration board from someone who had waited
> 38 years.
>
> As far as I can see you would get some leniancy on the quiz due to
> old age!

Hi:

There is NO requirement that a lawful permanent resident naturalize.

There are the 55/15 and 50/20 rules for waiver of the English language
requirement.

The English language requirement was put in place as a demonstration of
attachment to the US.  However, it was eventually modified in the 1970's
because if you are over 50 years of age and have been a LPR for over 20
years -- you many not have been able to learn English, it is probable
that you will never learn English, but will still be attached to the US.

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Certified Specialist
Immigration & Nat. Law
Cal. Bar Board of Legal Specialization

Folinskyinla - 30 Apr 2005 07:40 GMT
> Am I correct in thinking once one has the 10 year green card if they
> stay out of the country for more than a year the GC is revoked?
[quoted text clipped - 4 lines]
> Not really planning on leaving but curious as to what the options
> would be if the occassion arose??

Hi:

Lawful permanent residence can be abandoned.  Although the law provides
that an I-551 is a valid reentry permit for an absense of one year and
that one year absense in a break in the continuity of residence for
naturalization, the law only requires that the absence be "temporary" --
a departure of five minutes that is not "temporary" will cause
abandonment.  A departure of 20 years that is not "temporary" will NOT
be construed as an abandonment.

Myth:  you can keep LPR status by returning to the US once a year for a
short visit.  Again, this is a MYTH which, for some reason, refused to
die -- and creates a level of income for this immigration attorney.

Citizenship -- there USED to be a requirement that one of the
qualifications for naturalization was a promise to reside permanently in
the US.  There was a presumption that being outside the US for a year
within five years of naturalization showed that the promise was not
honestly made, so was a ground of denaturalization.  However, this is no
longer in the law.

From 1952 to 1976 there were certain "retention" requirements for
certain US citizens at birth who had been born abroad -- you had to be
live in the US for at least 2 years to retain citizenship.  This was
repealed in 1976.

Residence abroad has NEVER been a ground of expatriation.

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Certified Specialist
Immigration & Nat. Law
Cal. Bar Board of Legal Specialization

ian-mstm - 30 Apr 2005 14:04 GMT
> Hi:
>
[quoted text clipped - 23 lines]
>
> Residence abroad has NEVER been a ground of expatriation.

Am I reading this correctly? From what you wrote I would think that a
departure of 20 years that *is* temporary would not be construed as
abandonment. Maybe it's just too early in the morning!

Ian
DonnaElvira - 30 Apr 2005 15:29 GMT
> Am I reading this correctly? From what you wrote I would think that a
> departure of 20 years that *is* temporary would not be construed as
> abandonment. Maybe it's just too early in the morning!
>
> Ian

I was trying to get my hear around this one too...

How can an absence of 20 years be considered temporary? And how would
one prove that it is?

Maybe it'll become clearer after I've had another COC?!...
Boiler - 30 Apr 2005 15:42 GMT
> I was trying to get my hear around this one too...
>
> How can an absence of 20 years be considered temporary? And how would
> one prove that it is?
>
> Maybe it'll become clearer after I've had another COC?!...

How about

Go on Holiday and are kidnapped by some terrorist anti US group.

Invvolved in an accident and end up in a vegitative state.

Join the US Army and end us a POW to the Taliban

etc, etc

I think Mr F was just stressing the range of options, rather than their
liklehood.
Folinskyinla - 30 Apr 2005 15:41 GMT
> Am I reading this correctly? From what you wrote I would think that a
> departure of 20 years that *is* temporary would not be construed as
> abandonment. Maybe it's just too early in the morning!
>
> Ian

Hi:

John Permant Resident goes to visit his mother for 3 weeks in
Whatsamottayou, his home country.  Unbeknowenst to him, his former
business partner absconded with the funds John left behind to pay his
share of the business taxes.  John is imprisoned for one year and is not
allowed to leave Whatsamottayou until he pays off the back taxes by
employmet at a low paying job -- it takes 19 years to do this.

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Certified Specialist
Immigration & Nat. Law
Cal. Bar Board of Legal Specialization

 
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