Legal Question in Immigration Law in Virginia
Days of eligibility
About myself:
Married to a U.S born Citizen since 1980.
Received my green card in 11/1985.
Nov �01 I applied for a 2 year reentry permit.
11/2701 I left for my country.
Since I hadn�t received my reentry permit, the US Embassy recommended
I return to the US to avoid losing my resident alien status.
11/3/02 I returned to the US and departed 11/11/02.
06/14/03 I returned to the US and departed 06/2703.
11/24/03 I returned to the US and departed 03/02/04.
In 03/04 after returning to my country I received my reentry permit
from the US Embassy. The permit was issued 02/03/04, expiration
02/03/06.
12/15/05 I returned to the US and for family reasons I had to leave
again to my country 01/24/06.
11/20/06 I returned to the US and departed 11/29/06.
05/26/07 I returned to the US and departed 07/17/07.
12/11/07 I returned, and have remained since.
My question; Based on the information above, can I file for my citizenship
on the 3 year married to an American status, or 5 year status? When can I begin
to count my days of eligibility?
Thank you again for your quick responses.
2 Answers from Attorneys
Re: Days of eligibility
I'd say, Jan 1, 2008, would be a good date from which to start counting the three years of continuous presence which should be required for you to go forward with your petition for naturalization sometime after Jan. 1, 2011, (assuming that you're still married to a U.S. citizen).
Re: Days of eligibility
This is a technical question upon which your attorney should advise you. This is exactly the scenario for hiring an attorney. Be extremely careful in following advise on message boards and "going it on your own." You may not be eligible for a benefit and then you won't have recourse against a message board. Please consult with a citizenship attorney and hire one that with whom you feel comfortable.
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