Lawyers.com > Discuss Your Legal Issue > Ask a Lawyer > Immigration > Should I apply for citizenship?

Should I apply for citizenship?

2 Answers. Asked on Jan 23rd, 2017 on Immigration - New York
More details to this question:
I have been a Permanent resident since 1998. in 2009 and 2013 I spent more than 12 months outside the USA. Upon re-entering the USA I omitted this to the immigration officer and said I had been away for 3 months. Since 2014 I have lived in the USA permanently only making short trips abroad. I would like to apply for naturalization but wonder if its too risky to do so? What do you suggest? Thanks
Answers Showing 2 out of 2
Answered on Feb 12th, 2017 at 10:28 AM

For preserving a residence in the US for naturalization purposes, a six-month absence has a rebuttable presumption that you have lost the residence. Absences of 12 months and more are almost conclusive evidence that the residence for purposes of naturalization is lost. That occurs even if the individual has obtained a reentry permit. I would suggest that you not apply for naturalization at this time as an application would be risky.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

 

Report Abuse
Answered on Jan 24th, 2017 at 2:09 PM

It is not clear whether you provided false information to the CBP officer when entering in 2013. If you made false statements, this will be a serious issue. If you did not provide false statements, your travel history will need to be scrutinized to see if you meet both the physical presence and continuous residence requirements. You can read more at http://myattorneyusa.com/how-to-get-naturalized-in-the-united-states.

Report Abuse
Immigration
Regardless of your situation, U.S. immigration law can be confusing. Are you seeking to come to the United States for pleasure, business or to attend school? Do you want to stay here just temporarily, for a longer period of time or live here permanently? Are you a permanent resident or seeking citizenship? If you want to come to the United States, immigration lawyers can help determine your eligibility for various types of visas and guide you through the application process. If you've already arrived in the United States, an immigration attorney can determine whether you're eligible for permanent residency and if you can bring family members into the country to live with you. Immigration law firms can also work with individuals who have entered the country illegally, overstayed their visas or violated the conditions of their visas and are facing removal or deportation proceedings.
Have an Immigration Question?
It’s Free & Easy.
Ask a Lawyer
Top Contributing Lawyers
Mark Tischhauser, Esq.

Attorney - Florida

308 Answers, 19 Legal Topics

Patrick Johnson

Attorney - Tennessee

238 Answers, 43 Legal Topics

Michael D. Siegel

Attorney - New York

147 Answers, 26 Legal Topics

Michael E. Fiffik

Attorney - Pennsylvania

122 Answers, 21 Legal Topics

Bruce Robins

Attorney - New York

100 Answers, 8 Legal Topics

R. Sam Price

Attorney - California

95 Answers, 13 Legal Topics

Lori Nevias

Attorney - New York

90 Answers, 31 Legal Topics

Immigration Local Law Firms  
In United States change location
×
Please select state Update
Do It Yourself Legal Forms
Go

Popular Forums