I have been a Permanent Resident for 7 years. I am married to, and living with, a U.S. citizen. I have been married to that U.S. citizen for 35 years. My spouse has been a U.S. citizen for 9 years. During the past three years, I have not been out of the country for 18 months or more. During the past three years I have been out of the country during the following periods: 2011 (January 8-June 18 [162 days= 5.4 months]; August 2-December 7 [127 days=4.2 months]); 2012 (January 11-June17 [159 days=5.3 months]); 2013 (zero days). Total out = 448 days = 14.9 months. During the last five years I have not taken a trip out of the United States that lasted one year or more. I want to apply using the three years dispensation. According to my calculation I should be eligible to apply by end of Sept.2013. If that is correct then I may apply by July 1 2013 (90 days earlier). Please advise if my calculation is correct and when may I apply.
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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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You are eligible.
Please click the link below for additional information.
Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Schedule a Legal Consultation - Know Your Rights!
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: www.shusterman.com (English)
(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
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