Legal Question in Immigration Law in New York

Re: Study abroad with greencard

Education abroad is certainly a valid reason for obtaining a re-entry permit. Generally, regarding the wait time for filing a naturalization application, absence from the US of a year or longer would require you to start the 5 year period over again. You should re-enter the US within 1 year in order to preserve residence for naturalization purposes.

The information contained herein is intended only for educational or informational purposes and is not a substitute for legal advice.

Responding to this inquiry in no way establishes an attorney client relationship; however, I look forward to exploring these issues with you further by way of telephone or in-person consultation.

Anthony F. Siliato, Esq.

MEYNER AND LANDIS LLP

One Gateway Center

Newark, New Jersey 07102

[email protected]

www.meyner.com

Re: Study abroad with greencard

Even with a re-entry permit, there is a chance that you will be stopped when you come back after being absent for more than six months. Possession of re-entry permit does not prevent Department of Homeland Security from inquiring as to whether you abandoned your permanent residency. I think you should be fine if you go to UK only to study and you can prove that you never intended to abandon your permanent residency in the U.S.

For your Naturalization application, you would have to show that you were physically present in the U.S. for at least one-half of the 5 years. Therefore, being absent for one year, if that's your only absence in five years, would not extend your five years. Also, please note that you must reside continuously in the U.S. from the date of filing your Naturalization application.

Should you have any questions, please do not hesitate to contact our office.

Very truly yours,

STANLEY SMOTRITSKY

Attorney At Law

Smotritsky & Spektor, PLLC

1928 Kings Highway, 3rd Floor

Brooklyn, NY 11229

WWW.SRLAWONLINE.COM

Re: Study abroad with greencard

It is true that travelling back to the U.S. with a reentry permit is not a guarantee that you would be admitted into the country (without being placed into exclusion proceedings). The question of how big a risk you are facing is very fact-specific. The purpose of the overseas stay is not as important as showing that you have not severed your ties to the U.S. What you can do as a practical matter to be on the safe side is to carry copies of the documents showing that you have not abandoned your U.S. permanent residence in the event you are questioned on return.

You may also be eligible to file form N-470 to preserve your residence for naturalization purposes.

See an immigration attorney for full answers to your specific situation.

The above reply is in the nature of general information, is not legal advice and does not form an attorney-client relationship.