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5 Year Citizenship trough Greencard Question.

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  • 10-01-2014 10:44pm
    #1
    Palmy
    Registered Users Posts: 350 ✭✭


    I arrived on my Greencard at the end of August 2010,I stayed about a month (End of September)and then went back to Ireland to sell up.
    I arrived back the start of August 2011 and have been here ever since and have not left the Country.

    I want to apply for my Citizenship when my 5 years is up from my original entry date of 2010.
    I understand you can apply for Citizenship 3 months prior to you 5 year entry date. I have looked up on the Citizenship website and it just says you have to be consistently residing in the U.S for the past 30 months.

    My Question is, will being away 10 months from Sept 2010-Aug 2011 get in the way of applying from the original date of entry. I have filed all my Taxes including for 2010.The main reason for the question is that I want to apply for a Government Agency job in which I need to have my Citizenship.

    I have to do some training and I am trying to work out the best time to do it. I want to have half my training done by the time I get my Citizenship.:) sorted.
    Tagged:


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    #2
    InTheTrees
    Registered Users Posts: 9,900 ✭✭✭InTheTrees


    Thats a tough one. Ten months is a long time. I believe its long enough to establish residency in Ireland and I doubt you can be resident in two places.

    But you did pay your US taxes... or file anyway...

    I'm afraid you may have to consult an Immigration Lawyer.


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    #3
    ProudDUB
    Registered Users Posts: 11,569 ✭✭✭✭ProudDUB


    Am pretty sure that to apply for citizenship via the Green Card route, you have to have been a permanent resident in the US for at least five years. A permanent resident is someone who spends at least 180 days per calender year, in the USA. If you were gone for 10 months, straddling two calender years, you would fall short of doing that in at least one of them. So your five year clock would start from when you had five consecutive years of being a permanent resident in the US, not from when you first entered the US.

    I became a US citizen via the Green Card route and am pretty sure I saw mention of that on my paperwork. Am open to correction on it though, as it's been several years since I filled out said paperwork.


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    #4
    Palmy
    Registered Users Posts: 350 ✭✭Palmy


    Yeah I filed and payed the IRS for 2010 even though I never worked in the U.S in 2010 (intent of residency)

    Just want to get it as soon as possible as what I am wanting to do,age isn't on my side.

    The UCIS Website is vey unclear for time outside the U.S for the time span of 6-12 months.


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    #5
    clairefontaine
    Closed Accounts Posts: 4,390 ✭✭✭clairefontaine


    ProudDUB wrote: »
    Am pretty sure that to apply for citizenship via the Green Card route, you have to have been a permanent resident in the US for at least five years. A permanent resident is someone who spends at least 180 days per calender year, in the USA. If you were gone for 10 months, straddling two calender years, you would fall short of doing that in at least one of them. So your five year clock would start from when you had five consecutive years of being a permanent resident in the US, not from when you first entered the US.

    I became a US citizen via the Green Card route and am pretty sure I saw mention of that on my paperwork. Am open to correction on it though, as it's been several years since I filled out said paperwork.

    If you file taxes and keep bank statements with your US address on it, is that not sustaining residency? Do they make you show plane tickets? Would they be able to look that up? Your innings and outings out of the country?


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    #6
    InTheTrees
    Registered Users Posts: 9,900 ✭✭✭InTheTrees


    ProudDUB wrote: »
    A permanent resident is someone who spends at least 180 days per calender year, in the USA.

    Good to know. Here's what makes me curious though, isnt the green card dependent on the holder remaining a resident?

    Would it count against the OP that they received the Green card and then left and became an Irish Resident again? I though the green card lost its validity if you left for over a certain period?

    I ask this because perhaps mentioning being absent for ten months may not be prudent?


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    #7
    ProudDUB
    Registered Users Posts: 11,569 ✭✭✭✭ProudDUB


    clairefontaine wrote: »
    If you file taxes and keep bank statements with your US address on it, is that not sustaining residency? Do they make you show plane tickets? Would they be able to look that up? Your innings and outings out of the country?

    Filing taxes and having bank statements is irrelevant to the matter in hand. Being a Permanent Resident is. You could live and work in the US for two weeks, and file your taxes accordingly, but it still doesn't make you a Permanent Resident. Living in the US for 180 days per calender year does.

    When I was filling out the citizenship paperwork, I had to list each and every time I exited and entered the US over the previous ten years. The stamps on my passport verified those trips, as did the INS's own computer records, that were linked into flights I had taken over the years. My bank accounts and IRS filing status never even came up.
    InTheTrees wrote: »
    Good to know. Here's what makes me curious though, isnt the green card dependent on the holder remaining a resident?

    Would it count against the OP that they received the Green card and then left and became an Irish Resident again? I though the green card lost its validity if you left for over a certain period?

    I ask this because perhaps mentioning being absent for ten months may not be prudent?

    Yes, you can lose your green card status if you are gone for any big lengths of time. When the OP returned to the US, if he ran into an INS agent in a bad mood, he could very well have decided to take the Green Card off him and send him packing back to Ireland, as he breached the 180 days residency requirement of the Green Card from the get go. But my guess is that he just explained to the INS agent on the day, that he had to return home to take care of a few things. The INS agent (who was probably based in Ireland at either Dublin or Shannon) had enough cop on to see why that would be so & just said 'fair enough, on ye go'.

    The OP doesn't need to worry about things to try to hide or not mention. When you apply to be a US citizen, EVERYTHING is out in the open. You don't really have a choice in what you do or do not choose to mention. The OP's passport as well as the INS computer records of when he has entered and exited the US, will tell them all they need to know.


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    #8
    Palmy
    Registered Users Posts: 350 ✭✭Palmy


    Well its not that bad I guess.
    I entered back in 4th August 2011 so I will be able to apply 90 days before August the 4th 2016.
    The immigration guy at Dublin airport did ask why I had been out of the U.S for so long.I replied I just needed time to sell my belongings and that this time I was going one way. I just got back a "oh cool that's ok" back from him.


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    #9
    InTheTrees
    Registered Users Posts: 9,900 ✭✭✭InTheTrees


    I've had a green card for twenty years and its always been my understanding that over six months or so and you'd have to give up the card.

    On the passport; I dont believe they stamp it on departure do they? They may scan it depending on where you exit.


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    #10
    Palmy
    Registered Users Posts: 350 ✭✭Palmy


    No it's only if your out of the Country for 12 months or more you are going to have a problem. You would need to file a form for this. Between 6-12 months they will question and warn you regarding time outside the U.S


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    #11
    clairefontaine
    Closed Accounts Posts: 4,390 ✭✭✭clairefontaine


    OP are you in NYC or Boston? There are lots of Irish emigration centers in both cities who can help you out.

    I also know the archdiocese of NYC used to help out Irish immigrants legal and not legal.


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    #12
    Palmy
    Registered Users Posts: 350 ✭✭Palmy


    Unfortunately (well not really..lol) I am living in Florida.

    It looks like in order to prove my intent, I would have needed something like an open Job or an Apartment while I was away for this time period. I think I will just have to wait the extra 10 months to apply I guess.


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    #13
    clairefontaine
    Closed Accounts Posts: 4,390 ✭✭✭clairefontaine


    http://eiic.org/

    http://www.aislingcenter.org/

    Give these guys a call. Maybe they can give you some advice.


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    #14
    ProudDUB
    Registered Users Posts: 11,569 ✭✭✭✭ProudDUB


    Palmy wrote: »
    The immigration guy at Dublin airport did ask why I had been out of the U.S for so long.I replied I just needed time to sell my belongings and that this time I was going one way. I just got back a "oh cool that's ok" back from him.

    That's what I though. Lucky for you, you went through Dublin. The INS guys who are based here full time, are a very sound bunch of lads. (I got to know them a little bit better than I would have liked, when my green card kept popping up as being stolen for about 18 months.) If you had run into someone in a bad mood Chicago or NY, he could have just taken the card off you & sent you packing back to Ireland, as technically you had breached the terms of a green card by staying away as long as you did.


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