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  #1 (permalink)  
Old 06-30-2012, 05:35 AM
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Default Daughter is planning to study engineering in India - Citizenship issues

My family and I got the green card in Sep 2009. My daughter is planning to study engineering in India between July 2013 and June 2017 as she is going to a good school in India and I can only spend 5-7k per year for her degree.
We are planning to apply for US citizenship in June/July 2014 for me and my wife.
Here are m questions.
1) As parents are living in the USA, can she get 2years reentry permit in June 2013 to study abroad? If yes, can she come back to the USA and stay here for a couple of months and get 2nd reentry permit for 2 more years to complete 4 years of degree?
2) At the time, my daughter is going for studies in India in July 2013 she will be completing 4yrs of stay in the US. Is she eligible to apply US citizenship in June/July 2014. Does she have to present in the US at the time applying? Does someone have to stay in the US during the citizenship processing time of 3-4 months?
2a) can she make a couple of trips between July 2013 and June2014 with a stay outside US less than 6 months to avoid discontinuity?
3) My daughter will be 22.5 years when she completes engineering. If I have the US citizenship and my daughter loses US green card status due to reentry issues (touch wood it won’t happen) , can she get green card as she will be unmarried/dependent child? If yes, what is processing time?
Could you please suggest any ideas to avoid issues, if any?
Thank you so much in advance.
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  #2 (permalink)  
Old 06-30-2012, 09:49 AM
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Quote:
Originally Posted by wantMyGC View Post
My family and I got the green card in Sep 2009. My daughter is planning to study engineering in India between July 2013 and June 2017 as she is going to a good school in India and I can only spend 5-7k per year for her degree.
We are planning to apply for US citizenship in June/July 2014 for me and my wife.
Here are m questions.
1) As parents are living in the USA, can she get 2years reentry permit in June 2013 to study abroad? If yes, can she come back to the USA and stay here for a couple of months and get 2nd reentry permit for 2 more years to complete 4 years of degree?

I Think Yes talk to a good Lawyer ...

2) At the time, my daughter is going for studies in India in July 2013 she will be completing 4yrs of stay in the US. Is she eligible to apply US citizenship in June/July 2014. Does she have to present in the US at the time applying? Does someone have to stay in the US during the citizenship processing time of 3-4 months?

Not Sure .

2a) can she make a couple of trips between July 2013 and June2014 with a stay outside US less than 6 months to avoid discontinuity?

Yes
3) My daughter will be 22.5 years when she completes engineering. If I have the US citizenship and my daughter loses US green card status due to reentry issues (touch wood it won’t happen) , can she get green card as she will be unmarried/dependent child? If yes, what is processing time?

It will be a long process .... I thnik but best way is to apply for Re Entry permit specifying education out side USA there should not be a problem.

Best solution....Contact a attorney you will spend around


Could you please suggest any ideas to avoid issues, if any?
Thank you so much in advance.


"Studying abroad is a legitimate basis for applying for a Reentry Permit.

If one intends to remain outside of the U.S. for an extended period of time, but intends to reside permanently in the U.S. after that period and to maintain U.S. permanent residency, then it is advisable to apply for a Reentry Permit because by law "A permanent resident or conditional permanent resident in possession of a valid reentry permit who is otherwise admissible shall not be deemed to have abandoned status based solely on the duration of an absence or absences while the permit is valid."

If one's spouse has also left the U.S. for an extended period of time and is no longer maintaining a U.S. residence, then that may lessen the evidence one would have available to show that one has never abandoned the intention of living in the U.S. permanently'.


I FOUND THIS FROM
Keeping your greencard | Immigration: Lawyers

THANKS
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  #3 (permalink)  
Old 07-02-2012, 12:51 PM
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Please see my answers below:

1) As parents are living in the USA, can she get 2years reentry permit in June 2013 to study abroad? If yes, can she come back to the USA and stay here for a couple of months and get 2nd reentry permit for 2 more years to complete 4 years of degree?

Though it is easy to get reentry permit for 2 years, it will be bit difficult to get reentry permit back to back for 4 years, though it is possible.

2) At the time, my daughter is going for studies in India in July 2013 she will be completing 4yrs of stay in the US. Is she eligible to apply US citizenship in June/July 2014. Does she have to present in the US at the time applying? Does someone have to stay in the US during the citizenship processing time of 3-4 months?

When she applied for reentry permit and used it, any time she spent already in US will be set to zero and will need to stay in US for 5 years after the use to become eligible for N-400. See N-400 resident requirement for more information. She may not be able to apply during June/July 2014.

3) My daughter will be 22.5 years when she completes engineering. If I have the US citizenship and my daughter loses US green card status due to reentry issues (touch wood it won’t happen) , can she get green card as she will be unmarried/dependent child? If yes, what is processing time?
Could you please suggest any ideas to avoid issues, if any?

I am pretty sure if she loose her GC, she has to go back in line based on your petition on Family Category. You can decide your plan of action by looking at the FB bulletin for India for that. Also note that CSPA will not be applicable at this time and if she get married during this wait, she may loose the eligibility all together.

Please weigh pros and cons carefully before taking any decision.

Thanks
__________________
GC holder since on 6/27/2007
Contributed $100 for Advocacy day
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  #4 (permalink)  
Old 07-03-2012, 08:47 PM
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Default

Quote:
Originally Posted by wantMyGC View Post
My family and I got the green card in Sep 2009. My daughter is planning to study engineering in India between July 2013 and June 2017 as she is going to a good school in India and I can only spend 5-7k per year for her degree.
We are planning to apply for US citizenship in June/July 2014 for me and my wife.
Here are m questions.
1) As parents are living in the USA, can she get 2years reentry permit in June 2013 to study abroad? If yes, can she come back to the USA and stay here for a couple of months and get 2nd reentry permit for 2 more years to complete 4 years of degree?
2) At the time, my daughter is going for studies in India in July 2013 she will be completing 4yrs of stay in the US. Is she eligible to apply US citizenship in June/July 2014. Does she have to present in the US at the time applying? Does someone have to stay in the US during the citizenship processing time of 3-4 months?
2a) can she make a couple of trips between July 2013 and June2014 with a stay outside US less than 6 months to avoid discontinuity?
3) My daughter will be 22.5 years when she completes engineering. If I have the US citizenship and my daughter loses US green card status due to reentry issues (touch wood it won’t happen) , can she get green card as she will be unmarried/dependent child? If yes, what is processing time?
Could you please suggest any ideas to avoid issues, if any?
Thank you so much in advance.
Does your daughter plan to work in INDIA for her full life? Then you might be OK.

If she plan to work in US after her education in India she will have little chance of getting employment in her area unless she is doing IT or other related occupation. Even in that area you dont know what will happen in IT area when she will apply for job.

Most US employers in Engineering requires/desire US based Engineering degree. US based engineering education is lot superior compare to that in India except for few institute.

Apart from immigration issues give thought to all these issue when you/your daughter decide about education in India. I am sure financial constrains if any does not come in way of most of the Indian kids in US. There are ways to overcome such issues if they exist. But getting educated in India will be the last step to take after exploring all other options.

I have my degree in engineering and I have very hard time for peoples trying to get employment based on Indian education (there are few exception fields)
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  #5 (permalink)  
Old 07-03-2012, 11:59 PM
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@pmpforgc well said. After graduating from one of the top four US univ and working for many years in US this is my take. If your daughter is getting into IIT/AIIMS etc then it is excellent otherwise US universities education quality is way better than Indian univ. US employers prefer US univ.
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  #6 (permalink)  
Old 07-08-2012, 03:07 PM
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Quote:
Originally Posted by katta View Post
@pmpforgc well said. After graduating from one of the top four US univ and working for many years in US this is my take. If your daughter is getting into IIT/AIIMS etc then it is excellent otherwise US universities education quality is way better than Indian univ. US employers prefer US univ.
And much more expensive, he said he can only afford $5-7k per year for her schooling.
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  #7 (permalink)  
Old 07-15-2012, 08:29 AM
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wantMyGC is on a distinguished road
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Thank you all for your valuable inputs.

Here is my situation and plan.
Got GC on 9/4/2009
Completing 4 yr 9 months on 6/4/2014
Completing 5 years on 9/4/2014

I am planning to settle in India in 2015 for good after getting US citizenship. I need the USC for my online business and I can earn decent amount in UDS staying in India.

I have an option where my daughter can get into B.Tech computer science one of the top 2 NITs (previously RECs) in July 2013. I talked to a few people who is studying in NITs and they told me that placements are very good. Here are some examples.

a) Facebook hires NIT Warangal student for Rs 45 lakh - Times Of India

b) The Hindu : News / National : Microsoft recruits NIT-K student

c) I know someone who was recruited by Oracle-India by paying 7 lakhs/year.

My daughter is completing 3years 10 months (46 months -1 month visits to other countries = 45 months stay) stay in the US by 7/4/2013 before going for studies in India.

Here are my questions.
1) Can she make 2-3 visits to US between 7/4/2013 and 6/4/2014 with each trip outside the USA less than 5 months to maintain continuity of US stay? In this case, we don't have to apply reentry permit. Right?
2) Does she have to physically present at the time of USC applying?
3) I heard that anyone doesn't need stay 3 months prior to applying USC. Is it true?
Refer: US Citizenship
"The 3 month stay does not have to be immediately proceeding the time you file your application. Many people get this wrong. You need to have lived in that district anytime during your stay in the US for 3 or more months that's all. For example you could have lived in Philly for 10 years, moved back to India and then keep travelling to US for short trips once in 5 months. Finally when it is time to file you can go to Philly and file on the same day without having to wait for 3 months. Hope this clarifies."
4) What is the typical time between finger printing and oath ceremony?
5) Would my work? Is there anyone in the same boat?
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  #8 (permalink)  
Old 07-15-2012, 11:19 AM
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Typo.

5) Would my plan/strategy work? Is there anyone in the same boat?
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  #9 (permalink)  
Old 07-16-2012, 02:58 PM
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Quote:
Originally Posted by wantMyGC View Post
Thank you all for your valuable inputs.

Here is my situation and plan.
Got GC on 9/4/2009
Completing 4 yr 9 months on 6/4/2014
Completing 5 years on 9/4/2014

I am planning to settle in India in 2015 for good after getting US citizenship. I need the USC for my online business and I can earn decent amount in UDS staying in India.

I have an option where my daughter can get into B.Tech computer science one of the top 2 NITs (previously RECs) in July 2013. I talked to a few people who is studying in NITs and they told me that placements are very good. Here are some examples.

a) Facebook hires NIT Warangal student for Rs 45 lakh - Times Of India

b) The Hindu : News / National : Microsoft recruits NIT-K student

c) I know someone who was recruited by Oracle-India by paying 7 lakhs/year.

My daughter is completing 3years 10 months (46 months -1 month visits to other countries = 45 months stay) stay in the US by 7/4/2013 before going for studies in India.

Here are my questions.
1) Can she make 2-3 visits to US between 7/4/2013 and 6/4/2014 with each trip outside the USA less than 5 months to maintain continuity of US stay? In this case, we don't have to apply reentry permit. Right?
2) Does she have to physically present at the time of USC applying?
3) I heard that anyone doesn't need stay 3 months prior to applying USC. Is it true?
Refer: US Citizenship
"The 3 month stay does not have to be immediately proceeding the time you file your application. Many people get this wrong. You need to have lived in that district anytime during your stay in the US for 3 or more months that's all. For example you could have lived in Philly for 10 years, moved back to India and then keep travelling to US for short trips once in 5 months. Finally when it is time to file you can go to Philly and file on the same day without having to wait for 3 months. Hope this clarifies."
4) What is the typical time between finger printing and oath ceremony?
5) Would my work? Is there anyone in the same boat?
wantMyGC,

Maybe try reflecting or considering this, just think you are almost in the finish line for your wait in citizenship, and you said you can only spend that much for your daughters educ. why not while waiting, send her for the first 2 years or until you get your citizenship then send her to india. I'm sure this will erase all your worries and confusions and tons of questions. Weigh this, all of this citizenship, confusions, worries & questions versus getting some savings for sending daughter to india for educ? You said it yourself, once you got your USC "...I need the USC for my online business and I can earn decent amount in UDS staying in India" Man, you'll get your money back plus you didn't worry! Just my thought! Up to you and goodluck on your decision!
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  #10 (permalink)  
Old 07-18-2012, 11:55 AM
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Default option of studying in USA

Quote:
Originally Posted by wantMyGC View Post
Thank you all for your valuable inputs.

Here is my situation and plan.
Got GC on 9/4/2009
Completing 4 yr 9 months on 6/4/2014
Completing 5 years on 9/4/2014

I am planning to settle in India in 2015 for good after getting US citizenship. I need the USC for my online business and I can earn decent amount in UDS staying in India.

I have an option where my daughter can get into B.Tech computer science one of the top 2 NITs (previously RECs) in July 2013. I talked to a few people who is studying in NITs and they told me that placements are very good. Here are some examples.

a) Facebook hires NIT Warangal student for Rs 45 lakh - Times Of India

b) The Hindu : News / National : Microsoft recruits NIT-K student

c) I know someone who was recruited by Oracle-India by paying 7 lakhs/year.

My daughter is completing 3years 10 months (46 months -1 month visits to other countries = 45 months stay) stay in the US by 7/4/2013 before going for studies in India.

Here are my questions.
1) Can she make 2-3 visits to US between 7/4/2013 and 6/4/2014 with each trip outside the USA less than 5 months to maintain continuity of US stay? In this case, we don't have to apply reentry permit. Right?
2) Does she have to physically present at the time of USC applying?
3) I heard that anyone doesn't need stay 3 months prior to applying USC. Is it true?
Refer: US Citizenship
"The 3 month stay does not have to be immediately proceeding the time you file your application. Many people get this wrong. You need to have lived in that district anytime during your stay in the US for 3 or more months that's all. For example you could have lived in Philly for 10 years, moved back to India and then keep travelling to US for short trips once in 5 months. Finally when it is time to file you can go to Philly and file on the same day without having to wait for 3 months. Hope this clarifies."
4) What is the typical time between finger printing and oath ceremony?
5) Would my work? Is there anyone in the same boat?

I would recommend your daughter to study here, many good reasons

1. Your kid can get federal loans/grants here so free education in public universities as well as low tuition in many state schools
2. While pursuing degree in the US, she can do internships etc there by get to know the industry
3. A US degree is more recognized in many companies not only in USA but worldwide
4. US education encourages lot of enterprenur ship skills. If you located in CA there are many good schools such as san jose state univ, stanford, Berkeley etc

Regarding reentry permit, contact rajiv khanna of immigration DOT com or other good immigration lawyers as laws keep changing.
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  #11 (permalink)  
Old 07-18-2012, 09:12 PM
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Default

Quote:
Originally Posted by wantMyGC View Post
Thank you all for your valuable inputs.

Here is my situation and plan.
Got GC on 9/4/2009
Completing 4 yr 9 months on 6/4/2014
Completing 5 years on 9/4/2014

I am planning to settle in India in 2015 for good after getting US citizenship. I need the USC for my online business and I can earn decent amount in UDS staying in India.

I have an option where my daughter can get into B.Tech computer science one of the top 2 NITs (previously RECs) in July 2013. I talked to a few people who is studying in NITs and they told me that placements are very good. Here are some examples.

a) Facebook hires NIT Warangal student for Rs 45 lakh - Times Of India

b) The Hindu : News / National : Microsoft recruits NIT-K student

c) I know someone who was recruited by Oracle-India by paying 7 lakhs/year.

My daughter is completing 3years 10 months (46 months -1 month visits to other countries = 45 months stay) stay in the US by 7/4/2013 before going for studies in India.

Here are my questions.
1) Can she make 2-3 visits to US between 7/4/2013 and 6/4/2014 with each trip outside the USA less than 5 months to maintain continuity of US stay? In this case, we don't have to apply reentry permit. Right?
2) Does she have to physically present at the time of USC applying?
3) I heard that anyone doesn't need stay 3 months prior to applying USC. Is it true?
Refer: US Citizenship
"The 3 month stay does not have to be immediately proceeding the time you file your application. Many people get this wrong. You need to have lived in that district anytime during your stay in the US for 3 or more months that's all. For example you could have lived in Philly for 10 years, moved back to India and then keep travelling to US for short trips once in 5 months. Finally when it is time to file you can go to Philly and file on the same day without having to wait for 3 months. Hope this clarifies."
4) What is the typical time between finger printing and oath ceremony?
5) Would my work? Is there anyone in the same boat?

I think you are trying to justify yourself after making your own decision, rather than seeking point of view to make a decision.

Many people mentioned here that studying in India is not an ALTERNATIVE or OPTION to study in INDIA.

In your case decision is already made TO STUDY IN INDIA.

So just go with your own decision and just make it a IMMIGRATION question not a EDUCATION question.
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  #12 (permalink)  
Old 07-18-2012, 09:16 PM
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Quote:
Originally Posted by pmpforgc View Post
I think you are trying to justify yourself after making your own decision, rather than seeking point of view to make a decision.

Many people mentioned here that studying in India is not an ALTERNATIVE or OPTION to study in USA.

In your case decision is already made TO STUDY IN INDIA.

So just go with your own decision and just make it a IMMIGRATION question not a EDUCATION question.
For Immigration perpose if you want to maintain residency for Naturalization it will a little strech and depend on luck too.
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