Question for sammy (I really need advice on this matter, please help)

[Mandy]

Hi,

I am a permanent resident and have two kids who also have green cards. But unfortunately my husband does not have a greencard since I got married after I got my greencard. Now I am away from my husband for past 2 years. Applied for his I-130 but it takes a long time to get approved. My children miss their dad and keep asking about him all the time. I am really depressed with the whole situation and tired of waiting, don't know if there is any way my spouse could come here. V visa could have been an option if I had petitioned for him before dec 2000.

Now the only option I have is to apply for citizenship,so I could bring my husband here soon. But I am not sure if I am eligible or for citizenship or not. Since past 5 years 1999 to 2003, I was coming to U.S only to maintain my PR status staying for a month, and then out of country for the rest of the period (as then my kids were too small and it was difficult for me to stay without my spouse). It was not until june 2001 that I decided to move here, and actually continuously resided since then. So in dec 2003 it will be 2.5 years of continuous residency, but I have actually disrupted my
my continuous residency requirement by staying out of the country for more than six months before 2001. Can I still apply for citizenship in dec? Any help on this would be greatly appreciated.

Thanks,

Mandy

[Mandy]

Hi,

I am a permanent resident and have two kids who also have green cards. But unfortunately my husband does not have a greencard since I got married after I got my greencard. Now I am away from my husband for past 2 years. Applied for his I-130 but it takes a long time to get approved. My children miss their dad and keep asking about him all the time. I am really depressed with the whole situation and tired of waiting, don't know if there is any way my spouse could come here. V visa could have been an option if I had petitioned for him before dec 2000.

Now the only option I have is to apply for citizenship,so I could bring my husband here soon. But I am not sure if I am eligible or for citizenship or not. Since past 5 years 1999 to 2003, I was coming to U.S only to maintain my PR status staying for a month, and then out of country for the rest of the period (as then my kids were too small and it was difficult for me to stay without my spouse). It was not until june 2001 that I decided to move here, and actually continuously resided since then. So in dec 2003 it will be 2.5 years of continuous residency, but I have actually disrupted my
my continuous residency requirement by staying out of the country for more than six months before 2001. Can I still apply for citizenship in dec? Any help on this would be greatly appreciated.

Thanks,

Mandy

[Lord Chief Justice, Master of the Buckho]

The general requirement for naturalization is 5 years as an LPR with half that time physically present in the US. So if you have been an LPR for 5 years and have been inside of the US for 30 months, you can apply.

However, you break your residence for naturalization by staying outside of the US for over a year or staying out of the US for over 6 months without maintaining strong proof of attachment to your residence. You can not apply for naturalization until 4 years and 1 day from your return after a residence breaking absence.

In your case, Mandy, this would be in June 2005 if you re-established residence in June 2001.

The Grand Poo-Bah
Lord Chief Justice, Master of the Buckhounds and Groom of the Back Stairs