Legal Question in Immigration Law in California

Hi,

I am having trouble assessing my eligibility as of when I could apply (Applying at the earliest is what I intend to do if I qualify).The USCIS phone representative informed me that I am already eligible to file for my citizenship.

I had been granted a PR on 08/28/2004. After that I had made 3 small trips to India for 2 -3 weeks time period, but had one trip for about 9 months.. from 10 Sept 2005 till 10 July, 2006. Based on 6 months to 1 year break, Is it safe to apply for citizenship right now, Reason for my trip was my parents were very sick and had to stay there to support and help them, Just checking how safe is it to apply.

Or Is it safe to apply after 4 year 1 day gap after the long trip, thats 10 July 2010 or wait for another year and apply then...

Response is really appreciated...Breaking my head over it...

Thanks.


Asked on 4/14/10, 3:18 pm

2 Answers from Attorneys
Luba Smal Smal Immigration Law Office

9-months long trip abroad could have broken continuity of residence required for naturalization.

USCIS Customer Service reps are not qaualified to give legal advice. They can inform about the process, the form,s the fees or the case status, etc. For legal advice, you should consult a licensed attorney.

I offer paid confidential legal consultations and can assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally. If you�d like to schedule a telephone or email legal consultation, need legal advice or help, please let me know and I�d be glad to help you.

Please email at Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com . Or you can TEXT a request for a consultation with an Attorney to 1-402-238-1238.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. If you would like to request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a paid consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details.

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Answered on 4/19/10, 4:03 pm
Ajay Arora Ajay K. Arora, Attorney-at-Law, P.C.

Hi,

You can be legally absent during a single absence for up to one year as long as you continued to maintain a residence in the U.S. It is also important that you were physically present in the U.S. for more than 50% of the time during the past 5 years in the 5 year window immediately preceding the filing of the naturalization application.

Factors that affect whether residency was maintained can include paying rent or mortgage, paying taxes, having utility or other bills in your name, bank account, etc. The reason for your absence can be taken into account as well.

You can call our law firm at 212-268-3580 for additional guidance during business hours, or email [email protected]

Regards,

Ajay K. Arora, Esq.

www.h1b1.com

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Answered on 4/19/10, 4:54 pm


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