More details to this question:
I have been a Permanent resident since 1998. in 2009 and 2013 I spent more than 12 months outside the USA. Upon re-entering the USA I omitted this to the immigration officer and said I had been away for 3 months. Since 2014 I have lived in the USA permanently only making short trips abroad. I would like to apply for naturalization but wonder if its too risky to do so? What do you suggest? Thanks
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Immigration and Nationality Law Attorney serving New York, NY
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For preserving a residence in the US for naturalization purposes, a six-month absence has a rebuttable presumption that you have lost the residence. Absences of 12 months and more are almost conclusive evidence that the residence for purposes of naturalization is lost. That occurs even if the individual has obtained a reentry permit. I would suggest that you not apply for naturalization at this time as an application would be risky.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Feb 12th, 2017 at 10:28 AM
It is not clear whether you provided false information to the CBP officer when entering in 2013. If you made false statements, this will be a serious issue. If you did not provide false statements, your travel history will need to be scrutinized to see if you meet both the physical presence and continuous residence requirements. You can read more at http://myattorneyusa.com/how-to-get-naturalized-in-the-united-states.
Answered on Jan 24th, 2017 at 2:09 PM