Legal Question in Immigration Law in California

Re: 13 year green card holder, been off/on in the states, wants to apply for cit

The only way an attorney can give you a concrete and complete answer to your wife's case is to have a thorough meeting with her, review her passport, and tally up days in and out of the US as she must not only be careful that she has not been out so long that she can't file for natz but also that she has not abandoned her GC. If she has re-entry permit, she has probably been out over one year which means that she must start to accrue physical presence again and that means more time in this country. I strongly recommend you set up an appt with my office or another well-qualifed immigration attorney to review this issue clearly, provide full advice, and in that consult, time frames can be provided which will answer how long it will take, etc. She can file for you now, but, again, it is important to review her GC situation first and then determine if that is the best way for you to go.

Re: 13 year green card holder, been off/on in the states, wants to apply for cit

As mentioned, the best way to determine how to proceed with your wife's case as well as how to proceed with your own immigration needs is to discuss the facts of her stay and absence in the U.S.

Generally, the residency requirements are as follows:

1. The applicant has resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing, with absences from the U.S. totaling no more than one year;

2. The applicant has been physically present in the United States for at least 30 months out of the previous five years. Note: absences of more than six months but less than one year break the continuity of residence unless the applicant can establish that he/she did not abandon his/her residency.

3. The applicant has, for at least 3 months, resided within a state or district.

The information provided to you is of a general nature. We hope this information has been helpful to you. We can likely assist you with your case; yet, without more information regarding the facts of your case, it is difficult to evaluate your case thoroughly. If you are in the northern or southern California areas, please contact us or email us at www.unalaw.com if we can be of further assistance.