Legal Question in Immigration Law in Maryland

hi,1st time i came USA in august 2005 then i go back to india after my getting greencard,i stay there for 10 months and 25 days then i came back to USA and since that time i m cming in USA within every 6 months n living here(USA) about 1 month,i was going india to complete my study,so when should i apply for my citizenship?in end of 2010 or in 2011,because 1 st time when i gone back to india i lived therefor 10 months and 25 days...???


Asked on 9/07/09, 9:12 am

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

You are not eligible to apply for USA citizenship at this time or in the near future.

You are a permanent resident in name only (but actually you don't reside in USA, you are resident of India).

You will start accruing 5 years needed to qualify for USA citizenship ONLY AFTER you will move to USA in the future, make it your home (instead of coming to USA every 6 months for 1 month).

Have you paid taxes as a resident in USA since becoming a perm resident in 2005?

Do you maintain a perm residency and address in USA?

Based on the facts you provided, if you apply for citizenship in 2010 or 2011, you will be denied.

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Answered on 9/12/09, 4:19 pm


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