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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Immigration Law
Satisfied Customers: 12824
Experience:  B.A.; M.B.A.; J.D.
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Im a permanent resident in the USA since 2007 however in 2011

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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?
Submitted: 12 months ago.
Category: Immigration Law
Expert:  Phillips Esq. replied 12 months ago.
Thank you for giving me the opportunity to assist you. Kindly use CONTINUE or REPLY button to ask for clarification or follow-up questions.




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:

http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD-Chapter3.html

http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD-Chapter4.html


Let me know if you need further clarification.

Expert:  Phillips Esq. replied 12 months ago.
May I ask why you gave me a negative rating for answering the question that you asked? I do not make the laws. I gave you the information that you requested based on current laws and provided you with supporting links. Your negative rating reflects very poorly on me.
Customer: replied 12 months ago.

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?

Expert:  Phillips Esq. replied 12 months ago.

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.

http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD-Chapter3.html

http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD-Chapter4.html



Let me know if you need additional information.

Phillips Esq., Attorney-at-Law
Category: Immigration Law
Satisfied Customers: 12824
Experience: B.A.; M.B.A.; J.D.
Phillips Esq. and other Immigration Law Specialists are ready to help you

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