Does the validity period of an re-entry permit count towards the requirement for naturalization? - EB5Investors.com

Does the validity period of an re-entry permit count towards the requirement for naturalization?

If I use my re-entry permit to enter the U.S. twice during its validity, with an absence of fewer than 10 months in each case, does it affect my conditions for the naturalization process?

Answers

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

No, a re-entry permit merely permits you to apply for admission and the extended absence will still delay your eligibility to apply to naturalize.

Lynne Feldman

Lynne Feldman

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

Yes, only the time in the U.S. counts toward naturalization and breaks longer than 180 days usually break continuous residency.

Belma Demirovic Chinchoy

Belma Demirovic Chinchoy

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

An absence of 6 months or more is likely going to cause a break in continuous residence for naturalization purposes. The use of a reentry permit is generally irrelevant. You can understand the naturalization requirements without a lawyer, if you wish, by reading the policy manual very closely.

Fredrick W Voigtmann

Fredrick W Voigtmann

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

Your re-entry permit will not preserve your physical presence/continue residence for purposes of naturalization. An absence of more than 180 days could potentially break the continuous residence requirement, forcing you to start over and having to apply four years and one day after your latest return from an extended absence.

Stephen Berman

Stephen Berman

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

If you leave the U.S. for over six months, you should assume that you have broken the continuity of your residence and your five years starts all over for naturalization.

DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.