QUESTION
If I left the country as a green card holder does it affect me becoming a citizen?
Asked on Jul 09th, 2011 on Immigration - California
More details to this question:
I am a green card holder since 2007 I went out of the country to finish my schooling in the Philippines for 9 months. Will it affect the continuity if I will find my citizenship.
5 ANSWERS
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
There is a presumption if you are overseas for more than 180 days that you have broken the continuous residence requirement. However, if the absence is less than 1 year then it is possible to overcome this presumption. You will still need at least half of the time physically present in the U.S. to be eligible to file plus 90 days of state residence, good moral character, etc.
Answered on Jul 18th, 2011 at 12:08 PM
Criminal Law Attorney serving Las Vegas, NV
at
Reza Athari & Associates, PLLC
Update Your Profile
As long as you are not outside US for 365 days and have valid reason to be out, no.
Answered on Jul 16th, 2011 at 7:57 AM
LCA Audits and Investigations Attorney serving Houston, TX
at
Fong Ilagan
Update Your Profile
It depends on the timing of your stay outside the US. Generally speaking a stay of 9 months will not significantly affect your citizenship if you have been allowed to re-enter the US. Where are you now?
Answered on Jul 16th, 2011 at 7:33 AM
Immigration and Naturalization Attorney serving San Francisco, CA
at
The Law Office of Christine Troy
Update Your Profile
You need to enter the US now. DHS can take away your green card because you have been out for more than 180 days-they can ask you to prove your strong ties to the US. If you are out for 365 days or more then they can automatically take away your card.
Answered on Jul 16th, 2011 at 6:36 AM
Yes, an absence for more than six months generally breaks the continuous residence required for naturalization purposes unless an exception applies.
Answered on Jul 16th, 2011 at 6:36 AM