Legal Question in Immigration Law in Tennessee

My parents came in the US on July 2001 as permanent residents, then on August 2004 they went back in the Philippines to have an operation because they don't have any medical insurance in the US, they lasted there for 10 months. They came back in the US on June 2005. From then on they stay and work in Memphis. Until now they don't have any insurance and they want to have the benefits Citizens are getting? My question is, Are they okay to apply for US Citizenship now, even if it is only 4 years continuously they stay in the US? Is there gonna be any consideration since they are in the US since 2001? Please response. Thank you.


Asked on 8/17/09, 10:55 am

1 Answer from Attorneys
Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

The time required is five years as permanent residents, at least half the time physically present in the U.S. and at least six month domicile in the jurisdiction where filed.

They would have to overcome the 10 month departure, which shouldn't be too difficult. Medical treatment is often a temporary reason to have to be gone longer than expected, so their reason should be OK. Only when a person is gone for more than a year is the permanent residence for citizenship purposes broken and you have to starting counting all over again. They qualified for U.S. citizenship beginning July 2001.

I'll be happy to help you or your parents out with their cases. Please call me at 818 609 1953, write to me at [email protected] or visit me at: http://www.yardum-hunter.com.

Alice M. Yardum-Hunter, Attorney at Law

Certified Specialist, Immigration & Nationality Law, State Bar of CA

2nd VP, LA County Bar Assn., Immigration Section

A "Super Lawyer" 2004-2009, Los Angeles Magazine

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Answered on 8/17/09, 7:07 pm


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