Swingin Scot

I'm a bit confused as to the requirements involved with a permanent
green card. I should receive my permanent green card, ie, conditions
removed, by this October through my marriage to a USC. It seems like I
should be able to apply for citizenship a year after that (you can apply
3 years after marriage to USC, assuming you're still married, but 5
years if not). My question is, once I have my permenent green card, can
I go live back in the UK and still process my citizenship here in the US
(heard something about just having to be in the US one day a year to
keep your card) or will that affect my eligibility for US citizenship?

I've heard conflicting information on all of this and just a wee bit
confused. Thanks a lot.

Jeffreyhy

SS,



One can apply for citizenship 3 years after becoming a permanent
resident based on marriage (other conditions being met also), not
3 years after marriage. See the Guide to Naturalization on the
USCIS web site.



You heard conflicting information on what it take to maintain Permanent
Resident status in the US most likely because it's a very fact-specific
issue. If you go back to live in the UK you run the very real risk that
you will lose your PR status.



Regards, JEff



Originally posted by swingin scot

    > I'm a bit confused as to the requirements involved with a permanent
    > green card. I should receive my permanent green card, ie, conditions
    > removed, by this October through my marriage to a USC. It seems like
    > I should be able to apply for citizenship a year after that (you can
    > apply 3 years after marriage to USC, assuming you're still married,
    > but 5 years if not). My question is, once I have my permenent green
    > card, can I go live back in the UK and still process my citizenship
    > here in the US (heard something about just having to be in the US one
    > day a year to keep your card) or will that affect my eligibility for
    > US citizenship?

I've heard conflicting information on all of this and just a wee bit
confused. Thanks a lot.

Ironporer

Originally posted by jeffreyhy

    > SS,


    > One can apply for citizenship 3 years after becoming a permanent
    > resident based on marriage (other conditions being met also), not 3
    > years after marriage. See the Guide to Naturalization on the USCIS
    > web site.


    > You heard conflicting information on what it take to maintain
    > Permanent Resident status in the US most likely because it's a very
    > fact-specific issue. If you go back to live in the UK you run the
    > very real risk that you will lose your PR status.


    > Regards, JEff



Jeff,

Cathy was issued CPR in August- is that when her "clock" started? Or
does it mean 3 years AFTER she gets PR (vs CPR) status?

Sphyrapicus

Originally posted by swingin scot

    > I'm a bit confused as to the requirements involved with a permanent
    > green card. I should receive my permanent green card, ie, conditions
    > removed, by this October through my marriage to a USC. It seems like
    > I should be able to apply for citizenship a year after that (you can
    > apply 3 years after marriage to USC, assuming you're still married,
    > but 5 years if not). My question is, once I have my permenent green
    > card, can I go live back in the UK and still process my citizenship
    > here in the US (heard something about just having to be in the US one
    > day a year to keep your card) or will that affect my eligibility for
    > US citizenship?

    > I've heard conflicting information on all of this and just a wee bit
    > confused. Thanks a lot.

The green card is not permanent. It expires in 10 years. The requirement
for citizenship is 3 years after you have been granted permanent
resident status (not 3 years after marriage).



I'm also a bit confused regarding your timeline. You claim that you will
have your conditions removed this October, implying that you have
already submitted an I-751. Given that the fastest service centers for
I-751 are California and Texas (taking about 11 months), this would
imply that you applied for removal of conditions in November of 2003. Is
timeline correct?



As far as leaving the country, to be eligible for citizenship, you need
to meet the following requirements:



An applicant is eligible to file if, immediately preceding the filing of
the application, he or she:



* has resided continuously as a lawful permanent resident in the
U.S. for at least 5 years prior to filing with no single absence
from the United States of more than one year;

* has been physically present in the United States for at least 30
months out of the previous five years (absences of more than six
months but less than one year shall disrupt the applicant's
continuity of residence unless the applicant can establish that he
or she did not abandon his or her residence during such period)

* has resided within a state or district for at least three months

Jeffreyhy

ip,



Yes. A PR with conditions is nevertheless a PR.



Regards, JEff



Originally posted by ironporer

    > Jeff,

Cathy was issued CPR in August- is that when her "clock" started? Or
does it mean 3 years AFTER she gets PR (vs CPR) status?

Rete

Originally posted by ironporer

    > Jeff,

    > Cathy was issued CPR in August- is that when her "clock" started? Or
    > does it mean 3 years AFTER she gets PR (vs CPR) status?





You have only to look at our timeline below to see that CPR and PR are
considered the same in the countdown for eligibility for
naturalization. The moment you have been approved for [c]residency
your timeline has started.



There are criteria to be followed and it is prudent to read of them in
the naturalization guidelines manual available online from the USCIS
website. You must have continuous residency, been married for a full
three years, registered for the selective service if you are the right
age group, resided in your state for x number of months, etc.



Rete

Folinskyinla

Originally posted by swingin scot

    > (heard something about just having to be in the US one day a year to
    > keep your card) or will that affect my eligibility for US citizenship?

    > I've heard conflicting information on all of this and just a wee bit
    > confused. Thanks a lot.



Hi:



Some myths never die. What you heard is WRONG. The Board of
Immigration Appeals said so in 1975 in Matter of Kane Kane was later
reaffirmed in Matter of Huang. If you want to, go over to
www.usdoj.gov/eoir and then drill down in the "virtual law
library" and the "AG/BIA decisions." Kane is in volume 15 and Huang is
in volume 19.

Andy Platt

"ironporer" <member10524@british_expats.com> wrote:

    > Cathy was issued CPR in August- is that when her "clock" started? Or
    > does it mean 3 years AFTER she gets PR (vs CPR) status?

A CPR *is* a PR so it started on the "resident since" date specified on the
I-551 card (a.k.a. Green Card) - sometime in August presuming the date you
mentioned is the same as on the card.

Andy.

Mrraveltay

sphyrapicus wrote:

    >
    > The green card is not permanent. It expires in 10 years.
    >

But it is important to note that the status doesn't expire in 10 years,
just the card.

Sphyrapicus

Originally posted by Mrraveltay

    > sphyrapicus wrote:


    > >

    > > The green card is not permanent. It expires in 10 years.

    > >


    > But it is important to note that the status doesn't expire in
    > 10 years,

    > just the card.

Right you are.