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Break in permanent residency status.

Santa Clara, CA |

Want to get some advice on my particular case -

LPR on Sept 2009
Obtained reentry permit in July 2011
Left US in Aug 2011. I'm the spouse and my husband is employed with a American company setting up subsidiary overseas.
I've been absent out of country for around 19 months.

Does that break my residency status and do I have to restart my clock towards citizenship.
My husband is still employed in US and on US payroll, we have been paying taxes as resident and have bank accounts, credit cards, 401K, driver's licence etc. Can I try to preserve residency status (inspite of the 19 month absence) since my spouse is still employed in US ?

Attorney Answers 3


You may argue that you maintained your US Residency IF you took the proper steps to preserve your status BEFORE you left the USA.
Count your blessings that your LPR status has not been revoked for remaining outside the USA for so long and wait the necessary time period to get your USC.

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You may apply. However whether the benefit will be granted will depend on how you presented your case. Talk to an experienced immigration attorney.

This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

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Your husband's residency is not relevant to your physical presence in the U.S. You will have to reside in the U.S. without more than a six month absence (minus some very limited exceptions) to apply for naturalization.

We have 3 offices over the State of California and an international office in the Philippines. We do 100% Immigration Law, have done nearly 5000 cases and can help you. Should you want an in depth consultation, please schedule one at or call 562-495-0554 or e-mail me directly at

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