Mabuhay!

Year 2000, my husband became LPR.
In 2002, he stayed here in the Philippines for 10 months and we got married then went back to the US.
2004, he visited me again for 6 months then go back to US.
And this year 2006, he stayed here for 3 weeks. now, he's in the US again....

To sum it all up, a total of 16 months and 17 days he stayed outside the USA. He stayed inside the US for 4 years & 10 months now ... here are my questions:

1. Is he now eligible to file for his US CITIZENSHIP?
2. Does staying outside the US for 10 months and another 6 months will disrupt or will lessen his 5 years
counting before he can apply for his Citizenship?
3. Being outside the US for 10 months or 6 months doesn't mean he abandoned his residency coz he went
back to the US, am I right? I'm confused.
4. When is the right time to apply, is it 3 months before he reach 5 years? Some say that its better to file
earlier..

We need help. GOD Bless to all of Us ...
Thank You in advance.


Chelbear

Residence and Physical Presence

An applicant is eligible to file if, immediately preceding the filing of the application, he or she:

* has been lawfully admitted for permanent residence (see preceding section);
* has resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing with no single absence from the United States of more than one year;
* has been physically present in the United States for at least 30 months out of the previous five years (absences of more than six months but less than one year shall disrupt the applicant's continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period)
* has resided within a state or district for at least three months

http://www.uscis.gov/graphics/services/natz/guide.htm

There is a worksheet in the guide that will answer all your questions

Kezzie

Thank You .. the link you've given me is so helpful but there's really one thing that made us so confused. Its the absences of more than 6 months but less than one year...It was written there that we need to send evidence that the LPR continued to live, work and/or keep ties to the US such as:

a. IRS tax return "transcript" or an IRS-certified tax return listing tax information for the last 5 years.
- What if my husband before he stayed in the Phillipines for 10 months wasn't employed. And when he
stayed here for 6 months he resigned from his work..then went back to the US and got hired again.. its
so confusing...

b. Rent or Mortgage payments and Pay Stubs.
- The Rental Bill Payor is his parents & written in the Stubs is the name of his parents, is that okey?, can
we still prove the Immigration that he still lives there though he's outside the USA for more than 6
months?

We dont know what to do... VJers please help me ..

Chelbear

On the face of it he did not maintain US residency in this context, in fact sounds like he was lucky to get back in again.

I would suggest a consultation with a lawyer who specialises in maintaing residency, not a common trait.

Yes hehehe he was lucky enough to "get back in" again but according to him when he reached the US Airport (staying 10 months) he was asked by an Officer "Why you stayed too long outside the US?" he answered back and he was just warned that it shouldn't be happened again .. does
it mean its okey to the Immigration. He didn't disrupt his continuity of residence ..

Chelbear

Hello there, my hubby is problematic about filling his citizenship because of staying more than 6 months but less than a year (10 months) outside the US. I just wanna ask you about where did you get the info about this ... any link?

"You may be found to have abandoned your permanent resident status if you:

* Move to another country intending to live there permanently.
* Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
* Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
* Fail to file income tax returns while living outside of the US for any period.
* Declare yourself a “nonimmigrant” on your tax returns. "

Chelbear

Response:

1. He will be eligible when he has spent 5 years actually in the US without
a one year break outside the US.
2. Yes, every day spent outside the US counts against him. So he'd need to
have his green card no less than 6 years four months, if he does not leave
the US again.
3. Only if you spend more than one year in the US is an LPR in real risk of
loosing his LPR status.
4. Assuming he qualifies for Citizenship you can based on point 1-3 above he
can apply up to 90-day early.

So basically, he stayed out of the US for a year and a half, but NOW he's just coming back to get his citizenship. No more, no less.

Once he gets his citizenship; will he leave the US again?

There are twin conjunctive requirements in order to meet eligibility for naturalisation. One is physical presence must equal 30 of the 60 months of PR in the aggregate, the second, continuous presence, is that an alien must not break continuiity with an absence of more than 6 months.