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June 12, 2005

FAQ; Naturalization application and 6 month out of U.S.

Free Question: sir my spouse is LPR. she got green card in Dec.5 2000.she had visited pakistan in 2003 for exact 6 months dating jan.12 2003 to jul.11 2003.On her arrival back to US she was admitted into US as her family was in US,her family's residence was maintained,her father was paying taxes.later she visited pakistan Dec.2003 to Feb.5,2004,during this visit we got married.third time she visited in Nov. 2,2004 to dec.4,2004.i have question,when she will be eligible for applying for naturalization.Had exact 6 month stay disrupted her continous residence in US.

Free Answer: Absence for more than six months but less than one year establishes a presumption against compliance with the continuous residency requirements that can be rebutted, INA ยง316(b). So, six months does not disrupt her continous residence in the U.S.
This question illustrates the danger of staying over six months out of the U.S. Also, given the uncertainty of travel you should avoid travel on the last day.

Posted by VisaLawyer at June 12, 2005 01:14 PM

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