Legal Question in Immigration Law in New York

Hi, I am a permanent resident of US since 1998 and have been in the US more than 5 year consecutively. But I recently traveled back and forth to China from April 2010, returning back at September 2010. I left again at December 2010 to China, returning at May 2011. Then left at June 2011 again, just returned on November 2011. Am I eligible to apply for citizenship under these departures? Can I submit my application now, and then leave at December 2011, and come back when the mail comes in to ask for interview?


Asked on 11/30/11, 7:05 pm

1 Answer from Attorneys

Ajay Arora Ajay K. Arora, Attorney-at-Law, P.C.

Hi,

Since you have been physically present in the U.S. more than 50% of the time in the five year window immediately preceding the filing of the naturalization application, and since any single absence in this 5 year period is for less than 180 days (in some cases, single absences up to one year may be OK as well), the naturalization application can be filed, and it is also OK to travel abroad after filing. Additional information is here: www.h1b1.com/citizenship.htm

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Answered on 12/01/11, 6:55 am


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