Legal Question in Immigration Law in California

Naturalization declined due to traveling abroad for more than 6 months

Hi,

My husband is American and we have been married for more than 3 years. Because of this I was eligible to apply for citizenship. I passed the civic test and then she asked if I've been out of the country for more than 6 months. The answer is yes because my husband and I spend at least 5 months in my home country where we do business. Our business is based in California but because of the nature of our business (tourism) we have to involve traveling. So when the officer added all these travel times it was 7 days more than the legal time (half of the 3 year) and she declined. Can I do anything about it since the traveling is done for business purposes and accompanied by my husband. The only time it exceeded 6 months was (6 monhts and 2 weeks) when I had to fly to my country when I was 7 months pregnant because they don't let me fly after that. It was a super busy summer where we had to operate trips. That summer I gave birth.We pay our taxes here in California. I appreciate if you help me with this matter. My question is: Is there any way that there's an exception to exceed 6 month residency rule? Should I go for hearing? When can I reapply for citizenship again?

Thank you very much.

Jale


Asked on 1/23/02, 9:34 pm

2 Answers from Attorneys
Eric Schultz Sacks, Kolken & Schultz

Re: Naturalization declined due to traveling abroad for more than 6 months

To qualify for naturalization, you must be physically present in the U.S. at least 1/2 of the time of the required residence period. Thus, as the wife of a U.S. citizen you must be in the U.S. for at least 1 1/2 years of the 3 year residency period. That's a statutory requirement.

There should be no bar to reapplying when you have the required presence- just disclose the true situation accurately and disclose this application and the result.

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Answered on 1/24/02, 9:21 am
Vivian Szawarc Law Offices of Vivian N. Szawarc

Re: Naturalization declined due to traveling abroad for more than 6 months

Any absence of 6 months or longer from USA negates your intent to establish residence in the USA unless you or your husband belong to the military. As such, it interrupts the accumulation of the three years and you have to start all over again. You should wait until it has been three years from the date you returned from that 6 mo. 2 wk trip to reapply.

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Answered on 1/24/02, 12:31 pm


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