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If a permanent resident petitions for citizenship, can she leave the country while the petition is pending?

San Francisco, CA |

My grandma is a permanent resident. She wants to petition for citizenship. She also would like to visit another country soon. Can she do so while her petition is pending?

Attorney Answers 4

Posted

She is required to "reside continuously" in the U.S. from the date the naturalization application is filed until she becomes a U.S. citizen. However, continuous residence does not mean that she must be physically present in the U.S., and often our client travel abroad while their applications are pending. If she is absent from the U.S. for more than six months, she probably will not be able to naturalize, but a short trip should not be a problem. After she files her application, she will be scheduled for fingerprinting, so she should delay her trip until these "biometrics" are completed.

This is only a preliminary response to an inquiry, based on incomplete information. Helpful advice and counsel can only be provided after you have discussed your case with Mr. Bach, he is familiar with all of the circumstances of your case, and the advice is provided in writing. Any opinion provided here should not be relied upon for any purpose. No attorney/client relationship is formed until you have formally retained our law firm to represent you. We are not responsible for any action or lack of action you take based on this preliminary response.

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Posted

Yes she can. She will have to disclose that info during her interview.
Sent on the SprintĀ® Now Network from my BlackBerry

Law Office of Luis A. Guerra (954) 434-5800. This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice.

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Posted

Probably. This depends upon how long she has been an LPR, how much time she has spent outside the U.S. during the last 3 or 5 years, and how long she intends to be abroad. Best to meet with an attorney who can review the plan and give you more specific advice.

Good luck!

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Posted

I agree

Neil I Fleischer (513) 977-4209 www.immigrate2usa.com Note: The below answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney/client relationship is created unless an Agreement is signed by the attorney and the client. Best regards, Neil Neil I Fleischer The Fleischer Law Firm, LLC 917 Main Street Cincinnati, Ohio 45202-1314 Direct telephone: 513 977 4209 nfleischer@immigrate2usa.com Enjoy our Blog at http://immigrate2usa.blogspot.com/

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