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  • Applying for citizenship question

    My parents received their green cards in 2010 thru an application my mothers brother had made several years before. My mom and dad would visit the US from their home country and my mom would stay 6 or more months a year and she applied for citizenship in 2015 and received it. My dad on the other hand would spend 3-4 months each year as he had some medical issues (he is 77 years old) and had to see the doctors in his home country. He is now planning on applying for citizenship and is wondering how best to do it. We see two options

    1. He has to spend 30 months worth of time in the USA over the last five years, he is currently a couple hundred days away from this target.
    2. Since his wife is now a US citizen, could he use that as a basis for using the 3 year stipulation (instead of 5 years) for the spouse of a US citizen applying for naturalization?

    So the question is on #2. Can he use this?

    Thanks,
    Sal
    Last edited by ssaeed1973; 11-29-2016, 02:57 PM.

  • #2
    Originally posted by ssaeed1973 View Post
    My parents received their green cards in 2010 thru an application my mothers brother had made several years before. My mom and dad would visit the US from their home country and my mom would stay 6 or more months a year and she applied for citizenship in 2015 and received it. My dad on the other hand would spend 3-4 months each year as he had some medical issues (he is 77 years old) and had to see the doctors in his home country. He is now planning on applying for citizenship and is wondering how best to do it. We see two options

    1. He has to spend 30 months worth of time in the USA over the last five years, he is currently a couple hundred days away from this target.
    Note that besides the physical presence requirement, there is also the continuous residence requirement (continuous residence for the past 5 years). Usually a trip abroad of more than 6 months breaks continuous residence, but for a trip of between 6 months and a year, it's possible to overcome that with evidence of ties. It sounds like he may have broken continuous residence numerous times; so you need to see if he meets this requirement.

    Originally posted by ssaeed1973 View Post
    2. Since his wife is now a US citizen, could he use that as a basis for using the 3 year stipulation (instead of 5 years) for the spouse of a US citizen applying for naturalization?
    Not until she has been a US citizen for 3 years.

    This is my personal opinion and is not to be construed as legal advice.

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