I applied for citizenship and was denied because i stayed out of the country more than a year,can i ever get citizenship?

Asked over 3 years ago - Richmond Hill, NY

i stayed out about 6yrs and worked part time for my dad and was denied citizenship because of that. I was told on the letter i can reapply when i become eligible(i came back in march 2006 and i sent in my application in may 2010)>i have a job and has been paying my taxrs for the last 4 years and i hardly ever travel out the country now so can i ever get citizenship?

Attorney answers (4)

  1. Carl Michael Shusterman


    Contributor Level 20


    Lawyers agree


    Answered . I do not understand how you are still a permanent resident if you left the U.S. for six years. The law states that there is a conclusive presumption that you abandoned your permanent resident status if you leave the U.S. for over one year.

    I recommend that you consult with an experienced immigration attorney before you apply for naturalization. You don't want this application to result in you being placed in removal proceedings.

    Please see

  2. Ekaette Patty-Anne Eddings

    Contributor Level 20

    Answered . You may wish to clarify the period you were absent, is it one year or 6 years.

    Nonetheless, you are not eligible yet as you have not been present for requisite 5years period.

    Contact an immigration lawyer to discuss your case and find a way forward.


  3. Lynne Rogers Feldman

    Contributor Level 18

    Answered . The clock for citizenship starts again after a break of one year or longer. Assuming you haven't babandoned your permanent residency you can file 4 years and 9 months after your "break" as long as at least 50% of the time you were physically in the U.S. and have been a resident of the state where you file from for at least 90 days.

    Lynne R. Feldman, Attorney at Law
    Concentrating in Immigration and Nationality Law
    2221 Camino Del Rio South, Suite 201
    San Diego, CA 92108
    phone: (619) 299-9600, facsimile: (619) 923-3277
    email: lynne@feldmanfeldman.com
    website: www.immigrateme.com

    Formerly Adjunct Professor -- Immigration law
    University of Illinois College of Law

  4. Shiva Pal Gill

    Contributor Level 14

    Answered . Were you absent continuously for 6 years? If so, as the other response states, you have abandoned your resident status. However, it appears the Service has not deemed that you abandoned your status. Therefore wait until January 2011 & refile.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

29,852 answers this week

3,136 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

29,852 answers this week

3,136 attorneys answering