Legal Question in Immigration Law in Illinois
Citizen eligibility
I won in the so-called Diversity Visa Lottery,and on June 15, 2001 came to the USA, the in 45 days came back to Lithuania. In my passport I have the stamp writing my entry is valid if before July 15,2002. I was told the �Green card� will be processed andelivered to me after X number of days.
1) May I be considered to have already been lawfully admitted for permanent citizenship?
2) Has the 5 five year period started from the moment I entered the USA or will it start on the date of physical issuance of the �Green card� ?
3) If during the 5 year period I leave from the USA for the period exceeding 6 months (but less than 1 year), will the continuity be broken, and the new 5 year period possibility will start on the date of my re-entry to the US?
4) If during the period from the date of filing the application for citizenship to the date of any official hearing regarding citizenship I leave the USA for less than 6 months, will it break the continuity of my residence?
5) If being a �Green card� holder I won�t be physically present in the USA for more than a year without prior authorization of the INA, I won�t be allowed to enter the USA and my Green card will become null and void. Is that correct?
1 Answer from Attorneys
Re: Citizen eligibility
Your questions are somewhat difficult to understand because they're so convoluted.
Usually on the date your passport was stamped is the date your permanent residence is deemed to begin. The date the green card arrives doesn't matter.
I'm not sure what "5 year period" you're talking about unless you're referring to the fact that you have to be a permanent resident for five years before applying for citizenship. The law is that during the five years BEFORE you file the naturalization application, you must reside continuously in the U.S. Not everybody is going to file the application exactly five years from the date they received their passport stamp. Also, you must be actually physically present in the U.S. for at least 2 1/2 years. "Residence" is not the same as "actual physical presence" so you need to preserve your U.S. residence even if you are not physically here.
As for the answer to your question no. 5, that is correct if the INS discovers that fact upon questioning you at entry.
Liem Doan, Esq.
(310.391.3013)
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