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Immigration Issues/Naturalization and absence from U.S.

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Question
hello Arora
I'm a green card holder since feb 2008..i was stay in USA from feb 2008 till aug 2009 around 18 month..after that for family reason i left for 10 month..is that mean i have to reset anew start of another 5 years to apply for the citizenship coz of the absence of the 9 month which more than 6 month as the immigration law
*2nd qus...is any problem for the rentery in the airport when i'll be back after the 10 month..and the airport officer has any data to know how long i stay out of the us since ididnt get stamp of when i was leaving the USA in my passport
thanks

Answer
Hi,

You must be physically present in the U.S. for more than 50% of the time in the 5 year window immediately preceding the application for naturalization, and no single trip can exceed one year. However, the USCIS will closely scrutinize any single trips between 180 days and one year to determine whether you continued to maintain U.S. residence during your absence from the U.S. Factors determining maintenance of residence can include filing tax return, mortgage or rental payments, utility bills in your name, driver's license, bank account, etc. The following link from our website is also helpful: http://h1b1.com/citizenship.htm

There should  be no problem in entering the U.S. for absence outside the U.S. for one year if you maintained a residence in the U.S. (see above paragraph). Absence from the U.S. can be determined by entry stamp in passport when you entered a country outside the U.S.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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