QUESTION
GC with 2 yr re entry permit. But can't retrun within 2 yrs. Husband US citizen since May,2014
Asked on Jul 25th, 2016 on Immigration - Indiana
More details to this question:
I got my GC on Aug,2008 along with my husband and stayed in USA till Aug,2014. My husband got his Citizenship in May,2014 and I couldn't apply for a family reason.Then my husband got deputed by his company in India for 2 years. I took a 2 yrs re entry permit and came with him. Now looks like we can't go back to US before June,2017 which will be more than 2 yrs and re entry will expire. How can I keep my GC active and also get citizenship asap upon return on June,2017? What's the process and steps needs to be done? Can those be from India or after reaching US? What are my options? KC @ debonly2001@yahoo.com
1 ANSWER
You need to return to the United States prior to the expiration of your re-entry permit. Once in the United States, you can reapply for a re-entry permit. Remaining outside the country can lead to a determination that you abandoned your residence. This means you would have to go through the immigration process again. You will likely not be able to apply for naturalization right away. You may be able to file an application to preserve residence upin your return but it is not retroactive. It may not even be applicable depending upon more information about your husband's employment. I encourage you to consult an attorney.
Answered on Jul 25th, 2016 at 2:53 PM