Legal Question in Immigration Law in California

Hi, this is in regards to a citizenship denial to my mother. She got her green card in Jan 2006. She is 76 years of age. Her citizenship application was denied twice. The first time, when she applied in May 2013, she was denied because she did not meet the necessary physical presence requirement. The second time, in May 2014, she was denied due to not meeting the continuous residency requirement for citizenship. She has traveled frequently to India but never stayed for more than 6 months out of the US. In 2012, she had a medical situation on one of her trips that forced her out of the US for more than 6 months. She has never abandoned her US address. Any help would be appreciated.


Asked on 8/24/15, 2:43 pm

1 Answer from Attorneys
Philip Eichorn Hammond Law Group

Physical presence is physical presence. You're either in the U.S., exempted from being in the U.S. or you're not in the U.S. Continuous residence is a bit more subjective and lends itself to argument. If there are some facts in your mother's favor, those need to be capitalized upon. If there are negatives, then they need to be reconciled and dealt with before the next filing. With two denials in the history, you're best bet is probably to hire a lawyer who knows how to address the issue. Like seeing a doctor. If your arm hurts and you try to medicate it yourself and the pain doesn't go away, you go see a doctor and get an Xray or an MRI. Hire an exceptional lawyer to review the matter and advise your mother because she's your mother and she deserves nothing but the best.

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Answered on 8/25/15, 7:39 am


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