Immigration Law

Immigration law questions? Ask an immigration lawyer.

Ask a Lawyer,
Get an Answer ASAP!

My question could be answered in the following way Is this…

Customer Question
My question could be answered...
My question could be answered in the following way: Is this adequate/correct?


As long as I do not stay out of the USA for more than 6 months at one time, I am OK.


I can also add that my mother did not want me staying officially at the NYC address, because she "thinks" she is still "independent". She is wobbly and cannot hold her balance at all, but insists on walking and shopping without a walker. She'd be in hospital long since with a broken hip or head injury if I were not helping. Furthermore, she falls into severe depression. I help with that also (as I am a certified psychotherapist in my country of origin, Australia, as well as a licensed physician in another country, where I worked long term in the 80s and 90s). What I do not understand, is why I am not able to become a citizen, as I cannot fulfill the number of days in the 5 year period set out for me, as I still do quick business visits back to Australia, and to the country where I was a working physician and researche
Submitted: 8 years ago.Category: Immigration Law
Show More
Show Less
Ask Your Own Immigration Law Question
Answered in 11 minutes by:
6/11/2010
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 8 years ago
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,901
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified
No, that is not correct. There are TWO laws in place. One is continuity of Residency for naturalization purposes. This is what most people know about. This requires you to come back to the U.S. in less than 180 days before leaving again. So people believe that all they have to do is come back for a day or more every 6 months. That is correct, but it is not the only law. The second law has to deal with preservation of Residency. This requires that you actually be living or RESIDING (this is why they call it Residency) inside the U.S. Basically if you are outside of the U.S. for a total of 180 days each year, you create a rebutable presumption of abandonment of residency. That presumption can be rebutted by evidence to the contrary such as filing U.S. taxes, maintaining a home in the U.S. and paying that mortgage, maintaining a U.S. drivers license, U.S. bank accounts with significant movement, etc.


Someone that has been outside of the U.S. for more than 1 year without first having an approved re-entry permit has abandoned their residency and only in very few exceptions (such as serious illness) can they get it back.

 

As far as the amount of physical presence in the U.S. that you must have, this is 30 months out of the last 60 months AND you must also be residing in the U.S. for the 9-0 days previous to applying for U.S. Citizenship and continue to reside in the U.S. until your U.S. Citizenship is approved. Short trips are ok, but not long trips that may cast doubt on you actually residing inside the U.S.

Ask Your Own Immigration Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an immigration lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Guillermo Senmartin Your Own Question
Guillermo Senmartin
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,901
113,901 Satisfied Customers
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.

Guillermo Senmartin is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

4,009 satisfied customers

Private practice in several areas, including immigration

Wilton A. Person

Wilton A. Person

Immigration Lawyer

3,597 satisfied customers

Knowledgeable and experienced immigration lawyer.

Law Girl

Law Girl

Lawyer

451 satisfied customers

My law firm practices immigration law.

Gintare Grigaite

Gintare Grigaite

Immigration Attorney

186 satisfied customers

Expert Immigration Attorney

TheLeadCounsel

TheLeadCounsel

Immigration Attorney

17 satisfied customers

Immigration and Naturalization

Charlotte E. Viener, Esq.

Charlotte E. Viener, Esq.

Lawyer

12 satisfied customers

Over 10+ years handling all aspects of Immigration Law.

Guillermo Senmartin

Guillermo Senmartin

Immigration Attorney

113,901 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

< Previous | Next >

Related Immigration Law Questions
My fiancé's daughter is visiting in the USA from Switzerland
My fiancé's daughter is visiting in the USA from Switzerland to complete a drug rehab program and religious counseling. She will require at least another 4 weeks more than her original 90 day stay, to… read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
My partner and I visited be USA using the VWP days. Towards
Hi. My partner and I visited be USA using the VWP for 80 days. Towards the end of our trip we thought we would like to come back for another couple of months. We are currently in Costa Rica for 3 week… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
113,901 satisfied customers
Immigration law question Hello, My girlfriend is German.
Immigration law question Hello, My girlfriend is German. Can she come to the USA, stay for less than 90 days, then return to Germany for a weekend, then come back to the USA for another almost 90 days… read more
Wilton A. Person
Wilton A. Person
Immigration Lawyer
Juris Doctorate
3,597 satisfied customers
i live in australia and am currently visiting USA via the 90
i live in australia and am currently visiting USA via the 90 day visa waiver program. How can i extend my stay to 180 days?… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
I would like to know how long I can stay in USA with Luxembourg
I would like to know how long I can stay in USA with Luxembourg nationality. Does 90 day period start again if one leaves and returns months later?… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
113,901 satisfied customers
Hi, I am a US citizen and my fiancee is from Paraguay. We
Hi, I am a US citizen and my fiancee is from Paraguay. We got engaged in Paraguay a few months back. We planned to be married in Paraguay a few months from now on August 23rd 2011. Her flight from the… read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
IF ONE TOURIST COME TO THE USA FROM EUROPE WITH A TORIST VISA
IF ONE TOURIST COME TO THE USA FROM EUROPE WITH A TORIST VISA IN USA ,CAN I MARRIED HERE OR HIM ? --IF I GET MARRIED WITH HERE,CAN THAT WOMEN STAY IN USA AND APPLY FOR GREEN CARD ? I'M A CITIZEN OF US… read more
Expert James
Expert James
Doctoral Degree
12,477 satisfied customers
I am a Green Card holder. I just gave birth to my son 2 months
I am a Green Card holder. I just gave birth to my son 2 months ago and my Mother came to visit NJ from Singapore. She came into USA on the Visa Waiver program and is granted 90 days stay on her I-94. … read more
Cesar R. Ternieden, Esq.
Cesar R. Ternieden, Esq.
Attorney
Juris Doctor
319 satisfied customers
Hi, I have overstayed my visa by four years in France. I
Hi, I have overstayed my visa by four years in France. I came to France with the intention to marry my girlfriend (UK national and passport holder). We lived together in France for about 4.5 years. We… read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
Can a canadian citizen enter the usa for a day or two, go back
Can a canadian citizen enter the usa for a day or two, go back hjome to canada, and then reenter the folloewing week to do some shopping for a few days. How long can a canadian stay in the us without … read more
Wilton A. Person
Wilton A. Person
Immigration Lawyer
Juris Doctorate
3,597 satisfied customers
My fiance is coming to USA in March to stay with me until we
My fiance is coming to USA in March to stay with me until we return to Australia to be married in her native country. By March, she would have 2 short visits ( 2 weeks in length) prior. My question is… read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
I was born in France to American Parents (Father in U.S Military,
I was born in France to American Parents (Father in U.S Military, Born 1935 Colorado,USA),(Mother,Born 1937 Texas,USA) Do I have any French rights towards possible future emigration or long term stay … read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
im currantly in the usa and my 1-94w visa runs out on the 16
im currantly in the usa and my 1-94w visa runs out on the 16 july how long do i have to leave the usa before i can return on a new 1-94w visa… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
113,901 satisfied customers
Hi, I am currently on an E3-Australian visa and have recently
Hi, I am currently on an E3-Australian visa and have recently resigned from my job here in New York city. I understand that as part of the regulations of my E3-Visa I am obligated to leave the USA wit… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
113,901 satisfied customers
Hi, My mom is 71 years old, she was totally dependent on my
Hi, My mom is 71 years old, she was totally dependent on my dad in my country Egypt for her daily needs. She cannot drive, she has health issues including difficulty walking. My dad passed away last a… read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
I am an Australian citizen and am intersted in buying a ...
I am an Australian citizen and am intersted in buying a home in the USA. Is this allowed and can I use it as a holiday home? How often can I visit the USA for how long under the visa waiver program?… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
113,901 satisfied customers
hello im just wondering my fiancee is a usa citizen ...
hello im just wondering my fiancee is a usa citizen and im australian citizen we are to be married in october.whats the best way to do this legally so when we marry i dont have to go back to my countr… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
113,901 satisfied customers
My girlfriend is Japanese. She lives in Japan. She has ...
My girlfriend is Japanese and lives in Japan. She visited me in CT. 3 times in 1 1/2 years. She went to NYC before this with her family for 5 days. Each time she visited me, she stayed for 2 to 3 mont… read more
LEV
LEV
Retired
Bachelor's Degree
14,896 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x