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b4you1
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Posted on 02-12-14 9:00
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Hi Friends - Need a suggestion: Do any of you intend to stay in Nepal with your GC - i know we can stay out of US up untill 6 months or 1 year with a re inter permit - also long back i heard it was up to 2 yrs - not sure if that's the case but just curious - if we have to maintain our GC at the same time if we stay out of this county how this will work - for example i don't mind visiting in 2 yrs but can we do that? Thanks you all for your response in advance.
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sherlock
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Posted on 02-12-14 9:51
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Unless you plan to naturalize, you can stay for up to a year w/ a GC. If you intend to naturalize, you'll need to return back within 6 months to prevent your waiting period from getting reset. (For Eg: If you've been a Permanent Resident for 3 years, and you stayed in Nepal for 7 months, you'll start from Day 1 upon your return). You can get Reentry permit, also obtaining a returning resident visa which will allow you to stay for up to 2 years.
However, your GC will get terminated if you declared yourself a "nonresident" while filing your tax returns.
Last edited: 13-Feb-14 08:19 PM
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STUPIDA
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Posted on 02-13-14 10:43
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And, Also I believe the 2 years re-permit is only one time thing. You cannot keep applying every 2 years... Correct me If I am wrong !!
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mojaboy
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Posted on 02-13-14 10:03
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The whole problem will be solved if nepal allows Dual Citizenship but the mentality of people in Nepal are very anti dual citizenships.. they get very jealous of people with foreign GC and Citizenship..
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b4you1
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Posted on 02-14-14 7:38
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Riddle, Stupida and majoboy i really appreciate your response to my concern. Yes there is too much confusion pre or post GC if you dont intent to stay in US but still want to maintain GC as we work our a## off to get this card and end of the day we dont want to loose that either - i am still confused on how we can stay more than 1 or 2 years will do some research. thanks
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kaji sahab
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Posted on 02-15-14 8:56
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Permanent Residents can stay out of the US for a maximum period of 2 years with reentry permit. Bear in mind that the permit must be obtained in advance before traveling. Also, one will not be able to keep applying for the permit every 2 years unless you can show USCIS some unexpected and unusual circumstances. Like someone said earlier, this will reset your date towards obtaining citizenship; if you intend to apply in future. Also, if the USCIS sees the trend of merely maintaining permanent residency but not actually residing in the mainland US, they can revoke your permanent residency status.
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b4you1
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Posted on 02-15-14 9:50
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Thanks kaji Sahab ...so just to be clear if i stay out more than 6 months out of country without any re enter permit then it would reset from day one ..however if i apply for re entry permit and get the permit and leave for 2 yrs i guess in this stage it would reset from beginning.
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sherlock
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Posted on 02-15-14 10:36
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B4you1, if you obtained a re-entry permit and spent over 6 months outside the country, your wait period will get reset and you'll have to wait for 4 yr + a day (from the day of your return) before you can file for citizenship. And there's no way you can stay over 2 years outside the country (at once). You can try spending a few months/yr for all 5 years if you wish to have to goods of both worlds. Also, should your outside the country last about/over a year, you should have a valid reason at the POE.
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:-)
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Posted on 02-15-14 5:17
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Riddle you are giving false information. You cannot be outside United States more that 30 months within last five years to be eligible for citizenship. Here is eligibility worksheet. http://www.uscis.gov/sites/default/files/USCIS/Resources/Citizenship%20&%20Naturalization%20Based%20Resources/A%20Guide%20to%20Naturalization/PDFs/M-480.pdf And my parents applied for re-entry permit twice and both times it was approved without problem.
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sherlock
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Posted on 02-15-14 10:11
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Was I not clear enough? I said if you obtained a re-entry permit, you'll need to spend 4 yrs and a day (meaning, the length of stay outside the country can't be over 6 months) after your return before you can apply for citizenship.
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:-)
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Posted on 02-16-14 10:42
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Riddle this, "If you intend to naturalize, you'll need to return back within 6 months to prevent your waiting period from getting reset. (For Eg: If you've been a Permanent Resident for 3 years, and you stayed in Nepal for 7 months, you'll start from Day 1 upon your return)' Can you show me where you got that fact? No where is says that you can't stay more that 6 months. For example if you stay in the US for 4 years and stay outside for a year, you are still eligible to apply for citizenship. You can't be outside more that 30 months within last five years( that's the rule). Please see that eligibility form.
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sherlock
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Posted on 02-16-14 11:48
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Whoa! Turns out I've been misinformed! I stand corrected and wish to thank you for bringing that up. Got this off the internet. "If you travel for over 6 months (but less than a year) at one time, there is a “rebuttable presumption" of disruption of the continual residence. However, as long as you prove that you still have employment, residency, immediate family etc. in the U.S., then even if you travel for over 6 months in one time (still less than 1 year) you should be fine."
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