Legal Question in Immigration Law in New York

LPR Married to US Citizen

I am a US CItizen and my wife is an LPR. She has been an LPR since July 25 2005 which was when we started travelling back and forth. She has made 7 trips out of the USA as follows:

Sept 9 05 - Dec 19 05

Jan 18 06 - July 3 06

Aug 2 06 - Aug 27 06

Sep 27 06 - Oct 23 06

Oct 25 06 - Feb 11 07

Apr 21 07 - May 15 07

July 8 07 - Jan 4 08

Feb 4 08 - July 5 08

The only trip that was close to 6 months out of the USA was 179 days.

Am I right in assuming that she has completed the Continuous Residence requirement?

And with the amount of Physical Presence time in the USA From July 26 05 to Present (Feb 2 2009) it amounts (to my calculation) approx. 15 months - Can she apply now for Naturalization in NY?

I know there is also a clause that says you can apply for Naturalization up to 90 days before your requirements are met, does this 90 day rule apply to the physical presence requirement?

If she applies now, can she travel and be out of the USA? Or does she have to stay until she gets her Citizenship?


Asked on 2/05/09, 11:37 am

2 Answers from Attorneys
Rachel Baskin Rachel Baskin, Attorney at Law

Re: LPR Married to US Citizen

There are other items that you must take into account aside from her travels outside of the US. I would recommend that she consult with an attorney to discuss her eligibility and when and if she can travel once the application is pending.

If you wish to discuss further, do not hesitate to contact my office directly.

Read more
Answered on 2/05/09, 11:51 am
Patrick Klauss Berd & Klauss, PLLC

Re: LPR Married to US Citizen

While technically she may meet the requirements for naturalization, the USCIS may look deeper into her intention to reside in the United States permanently. There are a number of pieces of evidence they can consider.

It is advisble to consult with an attorney on the specifics of your case before filing for naturalization.

Read more
Answered on 2/05/09, 11:57 am


Related Questions & Answers

More Immigration Law questions and answers in New York