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  1. #1

    Question Break of continous residency for applying Citizenship

    Hi My mom got her green card in January 2009 than she stayed here for 13 months and went back to India on April 2010 after that she came back on March 2011 and stayed here for 3 months went back May 2011 and Came back April 2012 and since than she is here for now almost 5 months.

    In her 3 and half year of green card she stayed out of the country for 11 months twice. Now if she stay here for next January 2014 and doesn't go back to India than is she qualified to apply for citizenship? or she break the rule of residency?

    Please help

  2. #2
    Join Date
    Jan 2012
    Posts
    100

    Default

    Quote Originally Posted by krishna2012 View Post
    Hi My mom got her green card in January 2009 than she stayed here for 13 months and went back to India on April 2010 after that she came back on March 2011 and stayed here for 3 months went back May 2011 and Came back April 2012 and since than she is here for now almost 5 months.

    In her 3 and half year of green card she stayed out of the country for 11 months twice. Now if she stay here for next January 2014 and doesn't go back to India than is she qualified to apply for citizenship? or she break the rule of residency?

    Please help
    Per the law, "If you leave the country for 1 year or longer, you may be eligible to re-enter as a Permanent Resident if you have a Re-entry Permit. But none of the time you were in the United States before you left the country counts toward your time in continuous residence.

    If you return within 2 years, some of your time out of the country does count. In fact, the last 364 days of your time out of the country (1 year minus 1 day) counts toward meeting your continuous residence requirement.

    If you leave the United States for more than 6 months, but less than 1 year, you have broken or disrupted your continuous residence unless you can prove otherwise."

  3. #3

    Default

    Quote Originally Posted by kevinkallis View Post
    Per the law, "If you leave the country for 1 year or longer, you may be eligible to re-enter as a Permanent Resident if you have a Re-entry Permit. But none of the time you were in the United States before you left the country counts toward your time in continuous residence.

    If you return within 2 years, some of your time out of the country does count. In fact, the last 364 days of your time out of the country (1 year minus 1 day) counts toward meeting your continuous residence requirement.

    If you leave the United States for more than 6 months, but less than 1 year, you have broken or disrupted your continuous residence unless you can prove otherwise."

    Thank you! I really appreciate...

    - - - Updated - - -

    Thank you! I really appreciate..

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