We were settling some family matters back there his mother was so sick and he had to take care of her and we moved back to USA for more than a year knowing that he is a permanent resident
Oh, yes, that is indeed a "problem". Please stop posting on a public forum such as this and seek to meet with a local immigration lawyer in person.. Forget citizenship; your wife seems to have "lost" or "abandoned" her green card status with her prolonged absence (1 whole year!) from the US, UNLESS obtained a Reentry Permit PRIOR to her departure, which I doubt. Once returned to USA, she will need to wait for 4 years and 1 day before being eligible to file for N-400 again.
Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
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9 lawyers agree
This is fatal to an application for citizenship and may also lead to your spouse's deportation. Consult an immigration attorney as soon as possible.
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8 lawyers agree
Yes, that's a problem. Schedule a consultation with an immigration lawyer as soon as you can. There are many good ones here in NJ.
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7 lawyers agree
Most certainly as her requisite eligibility of continuous physical presence has been severed by a year long absence from the United States. She will need to acquire a new residence requirement starting from the time of that year long disruption.
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You need an experienced immigration lawyer to help you. There are many in New Jersey that are very good. You can find one through the attorney locator on the AILA (American Immigration lawyers Association) website.
The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.
5 lawyers agree
Estate Planning Attorney
I agree that this is a problem.
She will need to start a new residence requirement
and would be best to have an attorney advise you further.
The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.
3 lawyers agree