Legal Question in Immigration Law in California

Re: travel

Dear Inquirer:

You have been given incorrect advice. To meet the "continuous residence" requirement for naturalization, you must have no single absences in excess of 6 months and must not have been out of the US for more than 50% of the total 5 year period prior to filing your application for naturalization. Note that you may file up to 90 days prior to the 5th anniversary of your green card admission date.

Please email us at [email protected] or visit our website at www.hanlonlawgroup.com if you would like to schedule an appointment for a confidential consultation.

Re: travel

A green card holder normally should stay in the U.S. for at least 6 months in 1 year (not in 5 years) to show the intent of permanent to remain in the U.S.

Please contact our office for further discussion or email me at [email protected].

Note: The above response is provided for information only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration.

Re: travel

The reason you're getting different answers is that there are several things going on and it's a gray area - there is no one answer. When you're gone for more than six months to a year, it appears you have intended to give up your green card and you must prove otherwise. Before departing, you need the right advice to know what to do and overcome this presumption against you. Also, if you're gone for more than a year, that complicates things. You should get a special immigrant visa from the overseas consulate to re-enter or have a re-entry permit organized before you leave for more than a year. Also, you would have to count citizenship from the beginning all over again if gone that long. Finally, if you plan to return to your country of asylum, you could run into big problems, at worst, bordering on fraud unless you have a really strong return to return there even though you're afraid.

If you consult with me, I could quote you statutes and regulations so you understand the source of the information as reliable. This is not specific legal advice to your case which is fact specific.

Feel free to contact me offline. Check me out at http://www.yardum-hunter.com, fill out a consultation request there at http://www.yardum-hunter.com/Main/Consultation.asp or email me at [email protected].

Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization

ST: 15915 Ventura Blvd., Penthouse #1, Encino, CA 91436

EM: [email protected] WEB: http://www.yardum-hunter.com

A �Super Lawyer� 2004 � 2009, Los Angeles Magazine

Re: travel

You really should consult an Immigration Attorney. Please send me an email if in Southern California with your contact information and we can discuss your particular facts. There is no fee for consultation.