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My spouse is applying for citizenship but during the three years we were in another country for a year is that a problem ???

Edison, NJ |

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

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Attorney answers 7


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.


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.

Alexus P. Sham (917) 498-9009. The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.


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.

IMPORTANT: Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during an attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private attorney-client consultation. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, an attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on are intended as general information for the education of the public, and not for any specific individual. For persons located in New Jersey: To the extent that Mr. Murray's profile can be considered an advertisement in New Jersey, which is denied, be advised that NO ASPECT OF THIS ADVERTISEMENT HAS BEEN APPROVED BY THE SUPREME COURT OF NEW JERSEY. Furthermore, the selection methodology for the SuperLawyers' "Rising Stars" awards is set forth at length at this website:


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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And the second problem the USCIS may even deem her LPR status as abandoned to top it all.


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.


Yes, it's a problem. Applying will just be a waste of money.


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.

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