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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28291
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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My wife is working in a company and staying in US past 2 and

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My wife is working in a company and staying in US past 2 and half years and has never visited india in this period.I have also moved to US during this period and have started a small scale business here.I do keep traveling to India for my business and also to meet ailing parents .We both jointly file returns in US.Due to my wife we have both got Greencard Oct end 2012. We just had twins July 2013 in USA.As our boths parents cant travel here due to health & job reasons , we are finding it difficult to manage so small kids and nanny would be unaffordable as of now. We want to take the kids to India for around 10 months and return to USA with them when they become manageable and could be kept in daycare.My wife plans to take a sabbatical from her job or leave the same if company doesnt agree on sabbatical. We will be releasing our rental lease but keeping on our recently purchased Car , its emi , furnitures and bank accounts open in USA .Do we need to apply for rentry permit for this 10 month trip abroad.We will not exceed one year ? Will we face problem entering US if we leave without reentry permit.If mandatory , how much time it will take ? Will these 10 months visit affect our naturalisation i.e will we again have to start 5 yr naturalisation period from zero ? We plan to come back and live permanently in US with our kids after this break

Hello,my name is Judith. Thank you for this opportunity to answer your questions.

First, yes, you will have to wait 4 years and 1 day to file your naturalization.

You do not have to get a re-entry permit, but it is strongly advised to do so. Even though you are leaving the car and furniture here, you don't have jobs you are returning to if the company does not give her a sabbatical.

The courts have found securing the re-entry permit is strong evidence of intent to return.

They usually take about 3 months to obtain but there are expedite instructions included in the form instructions. You can request an expedite and include a FedEx airbill in the envelope for your biometric instructions and it can be processed in a month.

Judith

Customer: replied 3 years ago.

Dear Judith


 


Thanks for your reply


 


Question - Will these 10 months visit affect our naturalisation i.e will we again have to start 5 yr naturalisation period from zero ?


 


Answer - First, yes, you will have to wait 4 years and 1 day to file your naturalization.


 


Query - I am not able to understand this part of answer.Could please guide with more details and example


 


Oct end 2012 - Got Green Card


10 months travel abroad - Oct end 2013 to Aug 2014


So from Aug 2014 Will we have to wait till Aug 2019 to file naturalisation ?


Or we can include all time from Oct 2012 and file for naturalisation from Oct 17 ?


 


Kindly guide

See the box on the bottom of page 23 at this link for your example. It is the naturalization guide put out by USCIS.

http://www.uscis.gov/files/article/chapter4.pdf

 

It is 4 years and 1 day from the date you return in 2014.

 

Judith

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