Legal Question in Immigration Law in Minnesota

Re: H1B to Green card transition

Unfortunately your wife may be determined to have lost her green card if she applies for naturalization. Permanent resident card is another name for it. It requires residency in the US. Absence of more than a year may cause the status to lapse. Residency is not the same as physical presence. If she paid taxes in the US while living in India, maintained the family residence in the US, kept an active bank account here, has and had a US driver's license, returned to the US often, etc., she may be okay. But it is not clear.

This is not legal advice and no attorney client relationship is created by this exchange of posts.

Good luck.

website: www.MessingLawOffices.com

Re: H1B to Green card transition

She cannot apply for citizenship if she stayed in India 3.5 years, and had returned to USA about 1.5 years ago. I assume that she had a reentry permit.

When she resumed her residency in USA (1.5 year ago), the continuous residence required for naturalization had restarted. She needs to accumulate more than 4 years before she will become eligible for naturalization.

Please don't take this information as legal advice. If you require a case-specific advice and ocnsultation, you are welcome to email me at Attorney [@] law-visa-usa.com

Re: H1B to Green card transition

Dear Inquirer:

Generally, a Naturalization applicant must establish that she has been continuously present in the US as a lawful permanent resident for at least five years preceding the application, has been a person of good moral character for that period and is not subject to removal from the US. The rule for "continuous physical presence" is that an applicant must establish that she has been in the US at least half of the time during the five years prior to filing and through adjudication of the N-400, AND absences of more than six months but less than one year raise a presumption that the chain of residency has been severed. Absences of more than one year will usually be found to break the chain of residence.

I recommend that you visit www.hanlonlawgroup.com or email [email protected] if you would like to schedule a confidential consultation to discuss this matter further.