1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

When Is My Mother Eligible To Apply For Naturalization?

Discussion in 'Retention of US residency' started by RaaR, Dec 16, 2014.

  1. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    Actually, an I-327 is a re-entry permit booklet. SB-1 is a classification for someone who has received a returning U.S. resident visa. The two are completely different. A re-entry permit allows a lawful permanent resident to remain outside the U.S. for one or two years (depending upon the validity period granted) without having to return. As long as the LPR returns before the re-entry permit expires, their green card remains valid as an entry document.

    An SB-1 visa is for an LPR who remained abroad longer than the validity period of their travel document (green card or re-entry permit), but is able to prove that their absence was clearly temporary and that they have not abandoned their residence in the U.S.
     
  2. maheshg

    maheshg Member

    Messages:
    40
    Likes Received:
    0
    Trophy Points:
    6
    Ron, sorry I am still confused.

    My parents are still here and leaving in about 3 weeks.
    Assuming they qualify for both options, which one would you suggest they use and why?

    Thanks for patiently answering my posts.
     
  3. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    The answer depends on:
    • How long will they be gone?
    • Why are they going?
    • What contacts will they keep with the U.S.?
     
  4. maheshg

    maheshg Member

    Messages:
    40
    Likes Received:
    0
    Trophy Points:
    6
    • How long will they be gone?
    • Why are they going?
    - After trying local treatments for his severe arthritis in the last six months, he is seeking traditional treatment overseas. So stay would be as long as the treatment goes. Could be a year or longer depending on his response to treatment. He has medical evidence of arthritis and having done treatments here.

    • What contacts will they keep with the U.S.?
    - He will maintain his state ID cards, credit cards, bank account. He lives with me, so won't maintain his own place of residence other than the bedroom in my home. He will be in touch with me and family.
     
  5. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    They need to document everything carefully, but with proof of those facts, they should be OK.
     
  6. maheshg

    maheshg Member

    Messages:
    40
    Likes Received:
    0
    Trophy Points:
    6
    Ron,

    Sounds good. Earlier in the thread, I asked about I-327 and SB-1 when you asked me some questions. So is I-327 or SB-1 the way to go for them, given their situation, when they want to return.

    Mahesh

    =====================================================================
    Background from this thead:
    Earlier in the thread, you explained to me the difference between I-327 and SB-1 one.

    I mentioned that my parents are still here and leaving in about 3 weeks.
    Assuming they qualify for both options, which one would you suggest they use and why? In response you asked bout their purpose and duration of stay overseas. In response I told you

     
  7. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    File an I-131 for each of them to apply for re-entry permits. If they have to remain outside for more than two consecutive years, they may then (and only then) apply for returning resident visas.
     
  8. maheshg

    maheshg Member

    Messages:
    40
    Likes Received:
    0
    Trophy Points:
    6
    Thanks Ron.

    So, in their case (staying out for medical reasons), for absence out of the country
    less than 1 year: Nothing needs to be done
    between 1 and 2 years: File I-131
    more than 2 consecutive years: returning resident visa

    Questions:
    1. Did I capture the suggestion correctly?
    2. I would like to file I-131 only if they are unable to fly back by end of the year. Is it okay for me to apply I-131 only after absence of 1 year? Or does it have to done prior to them leaving the country.
     
  9. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    They must be in the U.S. to file an I-131.
     

Share This Page