Im a permanent resident in the USA since 2007 however in 2011 i overstayed in Canada for 8 months because i wanted to spend time with my boyfriend. Before that i finished high school and started college. After i came back to USA i got a job plus i opened up a business. Right now im paying taxes and i live in USA. I would like to get my citizenship as soon as possible however im not sure if just because i overstayed for 8 months in Canada ill be approved. Whats my chances of getting a citizenship?
Response: Unfortunately, your application for naturalization may be denied because your stay in Canada for more six months is presumed to break your continuous residence in the United States making you ineligible for naturalization. As you know, in order to naturalize you must meet continuous residence and physical residence requirements amount other things. You are required to continuously reside in the U.S. for five years before your naturalization. You must also have physically resided in the U.S. for half the time you are required to have continuous residence in U.S. This means that you must be physically present in the U.S. for 30 months. However, you can overcome the presumption of break in continuous residence if you can show any one of the following:
(1) (1)That you did not terminate your employment in the United States or obtain employment while in Canada; or
(2) That your immediate family remained in the United States while you were visiting Canada; or
(3) That you retained full access to your apartment in the United States, that you did not abandon your apartment in the U.S.
For more information, click on the links below:
Let me know if you need further clarification.
sorry about that i just thought that im going to receive some more info of what to do in order to get a citizensip for me cus i already know that im not eligable. Can i somehow erase the bad review?
sorry about that i just thought that im going to receive some more info of what to do in order to get a citizensip for me cus i already know that im not eligable. Can i somehow erase the bad review? Response: Thank you very much for getting back to me and for your consideration. Please rate this response positively. It would cancel the first bad review. Thanks again. Also, I want to add that you are not automatically disqualified from applying for naturalization. You should still apply and see whether you would get challenged on the “overstay.” The six months break in residence is a rebuttable presumption unlike the one year or more break in residence. This means that you would be given a chance to show that you did not abandon your residence in the U.S. If you are application is still denied, you can reapply for naturalization after four years and one day of your return and continuous residence in the U.S. So, all is not lost. The two links I provided you previously are very useful. You should review them very carefully before deciding not to apply. Here are the links once more for your convenience.
Let me know if you need additional information.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).