Legal Question in Immigration Law in Colorado

naturalization

I am a US citizen, my wife is a

permanent resident for 3 years. She

meets all of the requirements for

'Continual Presence', and ''Physical

Presence'. We are moving next week

to Canada. My question - can she

apply for naturalization from Canada

assuming all other requirements are

met?


Asked on 6/03/09, 4:28 pm

1 Answer from Attorneys

Elaine Martin Law Office of Elaine Martin

Re: naturalization

Your wife could apply if she continues to meet the "residence" and physical presence requirements up to the time of interview and swearing-in. Many CIS districts consider that the residence and physical presence requirements apply not just up to the time of filing, but up to these later events. I have successfully shown that people living in India maintained their "residence" here for naturalization purposes, however strong evidence will be required.

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Answered on 6/03/09, 5:22 pm


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