About a year ago, our office was retained by a client who was denied his Application for Naturalization. He was originally from Jamaica and had obtained his Legal Permanent Resident Card (commonly called a Green Card) through his mother at the age of twelve (12). He resided in the US for a few years and then returned to his home country of Jamaica to pursue his education.
Our client spent approximately eighteen (18) years abroad in Jamaica, until he returned to the US in 2008. Upon his return to the US, he was inspected at the airport and admitted into the US. That same year, without consulting an attorney, he filed for naturalization. His petition was denied by USCIS for not maintaining sufficient physical and continuous presence in the US.
Physical presence is the time that an individual physically resides in the US. USCIS has established a minimum number of days required to stay in the US to be eligible to apply for naturalization. Immigration law requires an individual to have a minimum of thirty (30) months of physical presence in the US within the past five (5) years. However, if naturalization is based on marriage to a US citizen, immigration law requires that you spend a minimum of eighteen (18) months within the past three (3) years in the US.
Continuous residency, on the other hand, is established by an individual spending a greater amount of time in the US, than abroad. Traditionally, staying six (6) months or more outside the US, will interrupt the continuous residency required to apply for naturalization. If an individual resides a year or more outside the US, Immigration Services presumes that the individual has abandoned their legal permanent resident status.
Our immigration attorneys thoroughly reviewed and assessed our client’s file. Our client was at risk for being placed in removal proceedings, in immigration court, for having abandoned his legal permanent resident status. After he spent the requisite time in the US we reapplied for his naturalization. His application was an uphill battle as it required proof that our client did not have the intention to abandon his legal permanent resident status when he left the US and resided in Jamaica for eighteen (18) years. Our office was able to make a compelling argument and was able to convince Immigration Services to grant this petition. Within five (5) months of his application, our client was naturalized to a US Citizen. Eight (8) months after he naturalized, we were able to get his spouse of five (5) years, her legal permanent resident card.
If you are dealing with a similar immigration problem and you do not know where to turn, contact the Law Offices of Anthony A. Fatemi as soon as possible to set up a consultation. Our experienced, qualified, and knowledgeable immigration attorneys will not only help you to navigate the complicated immigration laws, but will also support you through this difficult journey that you should not have to embark on alone.