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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105614
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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My wife of 17 yrs was denied citizenship by not having permanenresiden

Customer Question

my wife of 17 yrs was denied citizenship by not having permanenresidence requiremens even though she was in the states 30 mos. She 3 yrs prior were out of the country for just shy of the year. She has had a green card since 2000.
NEVER WORKED OUTSIDE THE US. This is one of the exceptions and could fuel an appeal.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Welcome to JustAnswer! Thank you for requesting me. I am a licensed attorney and I am here to help resolve your legal issue. Tackling legal issues can sometimes get cumbersome or confusing. Should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know at any time during our question and answer session if you are interested in these – I am happy to give you more details! You are NOT charged per question and you are NOT charged per response, so post at your desire! Just please remember that sometimes the law does not have an easy or convenient solution and that is not the fault of the expert. Please do not shoot the messenger.
Unfortunately, never having worked outside is not an exception. It is one piece of evidence to try to support not having abandoned Residency or not having interrupted continuity of Residency for Naturalization purposes. What other evidence could she present? Did she maintain a house in the U.S. during that time? Did she have a job to go back to? Did she leave family in the U.S.? Did she maintain a business in the U.S.? Did she have bank accounts with movement such as paying U.S. bills, accounts, etc.? If she doesn't have much, not all is lost. It's not like they are trying to deport her. When was the date that she got back to the U.S. after that long trip?
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Sir, this is not a scam. I am a licensed attorney with experience in these matters. You are NOT charged per question, you are NOT charged per response and you are NOT charged per answer. There is a solution, I just need you to please respond to the questions that I asked previously. I am trying to save you from spending $650 on an appeal that could lose when there is an easier solution available. So please answer those previous questions and also if she filed U.S. taxes during the time that she was away.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
I understand that people may come here for help and then they think it is a scam or something like that, or perhaps $36 is too expensive to speak to a license and experienced attorney. It really isn't. It's a bargain. I will prove to you that we are legit and I hope that you value my service to because since I am not given a salary to be here, you basically have all the control and I have all the risk. You can get your money back 100% but I can never get my time effort and knowledge back or compensated if you ask for a refund (which I believe you already did and I don't understand why).
IF your spouse doesn't have any of those things to prove that she was not interrupting the continuity of Residency for Naturalization purposes, then if you file an appeal, you are going to lose $650. Here is the law in this matter:
http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD-Chapter3.html
It says specifically:
"1. Absence of More than Six Months (but Less than One Year) ​

An absence of more than six months (more than 181 days but less than one year (less than 365 days)​)​ during the period for which continuous residence is required is presumed to break the continuity of such residence. This includes any absence that takes place prior to filing the naturalization application or between filing and the applicant’s admission to citizenship.​ [10]

An applicant’s intent is not relevant in determining the location of his or her residence. The period of absence from the United States is the defining factor in determining whether the applicant is presumed to have disrupted his or her residence. ​

An applicant may overcome the presumption of loss of his or her continuity of residence by providing evidence to establish that the applicant did not disrupt his or her residence. The evidence may include, but is not limited to, documentation that during the absence:​ [11]

•The applicant did not terminate his or her employment in the United States or obtain employment while abroad.​

•The applicant’s immediate family remained in the United States.​

•The applicant retained full access to his or her ​United States​ abode."
And interestingly, here is her solution on the same page:
"3. Eligibility after Break in Residence​

An applicant who is required to establish ​continuous​ residence for at least five years​ [14] and whose application for naturalization is denied for an absence of one year or longer​,​ may apply for naturalization four years and one day after returning to the United States to resume permanent residence.​ An applicant who is subject to the three-year continuous residence ​requirement​ [15] may apply two years and one day after returning to the United States to resume permanent residence.​ [16]"
So basically, that means that as soon as 4 years and one day have passed since she came back from that long trip, she can apply again for U.S. Citizenship. At that point it would cost $680 again, but better to just spend that than to spent $650 for an appeal that could probably be lost and then spend $680 to apply for Naturalization again.
I sincerely ***** ***** you value my service to you and that you see that this service is not a scam and is legitimate. You may ask additional questions without additional charge, or you may rate my service to you positively AND still ask additional questions without additional charge after you do so because we do not finish even though is says "To finish..." Your question remains open so that we can communicate. I hope that you find this helpful and that you are willing to retract the refund and leave a positive rating for my service to you. Thank you.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

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