More details to this question:
Green Card on 1/31/2013. I have a business here and I am planning on going to my home country with my wife for couple years for family reasons on Jan 2014. I know that you have to remain physically present in US for three years and pay taxes to qualify. In those two years out of US, I am planning on visiting US, twice a year for may be a month, to make sure my business is running right here. Am I going to have a problem applying for citizenship?
1 ANSWER
Immigration Law Attorney serving San Diego, CA
3 Awards
The requirement to naturalize is that you be a permanent residnet for 5 years and be physically present in the U.S. for one day more than 50% of that time. If your spouse is a U.S. citizen then the required period of permanent resindece is lowered to 3 years (with the same presence requirement of over 50%). If you got your green card in January 2013 and you leave in 1/2014 and stay out as stated in your question, you will make yourself ineligible for naturalization. You can protect your green card (so that you don't lose it despite your lengthy departure) by requesting a reentry permit, but to naturalize you will need to return to the U.S., reestablish residence (not to be confused with permannt resident status) and once you meet the requiremenst of three years resindece and over 50% physical presence in U.S. during that time, then you will be eligible for naturalization. If you need further assistance, you can call us at (619) 291-1112.
Jan Joseph Bejar, Esq.
Answered on Jul 15th, 2013 at 3:22 PM