my name is Maya Patel i am from India. i applied for citizenship 10 yrs ago but fail in English test. so they didn't gave me citizenship. now i am 62 yrs and had green card for 16 yrs. i like to re applying for citizenship.
i made trip to india on
(03 feb-09 to june29-09) and
( 28 oct-2009 to may-27-2010) and
(19 aug-2011 to feb05-2012) in last five years..
so i question is, is that problem for applying again because i was out of country for about 16 or 17 months for family death emergency in india. and also i do not speak English so what are the my other option? (i am 63 years and 16 years of us permanent resident)
please help and give me your contact information for future contact. thank you very much
I am concerned about the 2009/2010 trip, you spent more than 6 months outside the country thereby breaking continuous residence
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Count your trips. If they come up to 2.5 years in an aggregate with none running longer than six months, you can apply. Otherwise you have to wait four years and one day.
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I agree with my colleagues
Samuel Ouya Maina, Esq. 415.391.6612 firstname.lastname@example.org Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104
IF one of your recent trips was for longer than 6 months, I advise you to meet with an attorney before applying. Search for somebody in your area or somebody you are comfortable with. AILA website or AVVO are good sources for good attorneys.
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Your time out of the country should not keep you from citizenship, but I agree with my colleagues, that the time out of country will be a small concern. Find yourself a good immigration attorney to help you through the naturalization process. Because you are over age 55 and you have had green card for more than 15 years, you do not have to take the English test. I do a lot of these up in Cleveland, and I do not think you will have a problem if you learn some of the basic civics.
Andrew M. Bramante, Rosner Partners, 216-771-5588. Free telephone consultation. You should always consult with an experienced immigration attorney to make certain that the advice you received is appropriate for your particular immigration case.
I agree with the colleague that saw a problem with your 10/09 to 5/10 trip of more than 6 months.
This will be a problem.
Search Avvo or www.ailalawyer.com for someone to assist you.
PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
Trips of more than six months but less than one year are a concern but not necessary a bar to naturalization. Schedule a consultation with an immigration attorney.
Absences from the United States between 6 months and 1 year generally disrupt requirement of continuous residence necessary for naturalization. Therefore, your trip to India over 6 months will be subject to scrutiny.
However, following factors (where applicable) can be used to rebut this presumption and establish continuity of residence: proof that employment in the U.S. was not terminated and that you did not find new employment while in India, proof that your immediate family members remained in U.S. while you were in India, proof that you retained full access to your residence in the U.S., U.S. bank statements and credit cards, U.S. tax returns with U.S. residence on them, proof of U.S. auto insurance, proof of medical or life insurance, house or rent payments for your U.S. residence, U.S. driver’s license, photographs taken while in US, membership in U.S. organizations, U.S. school transcripts. And any other documents establishing ties to the United States.
Thus, as long as you can prove in your N-400 application that you still have employment, residency, immediate family and other ties in the United States, you should overcome the rebuttable presumption of breaking continuous residence.
I strongly recommend to hire an immigration attorney to either represent you, or to at least to review and critique yourN-400 application before submitting it to the USCIS for a better chance of success. Good luck!