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Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 4718
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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I and my wife are on green card from Dec 2014, we have 5 year

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I and my wife are on green card from Dec 2014, we have 5 year old kid who is US citizen. My wife is home maker and is now pregnant and we are planning to have delivery in India. I and the kid will stay in US, I will be working here, my wife will go India and she will have to stay in India for 8-9 months, will it disrupt the continuous stay for US citizenship. Will we be able to prove the continuous stay for citizenship, even she stays in India for 8-9 months because of pregnancy and delivery.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Jen Marie, Esq. replied 1 year ago.
Hello, my name is ***** ***** I will be the immigration attorney helping you today.The continuous presence is interrupted if someone stays outside the US for more than 6 months. However, she will be given the opportunity to prove that the US remained as her permanent residence during the time she out of the US for more than 6 months. To do that she can show that you and her other child stayed behind in the US, that she had a permanent home in the US during the whole time, that she paid taxes, that she had a bank accounts, etc. Especially since you two will remain in the US, she should be able to prove that continuous residence was not interrupted. But keep in mind that the final decision about this will be up to the USCIS officer's discretion. Of course to be sure that she does not have to prove this then she would have to return to the US in less than 6 months. Good luck to you during this process and I hope this answer has helped you!If you are not satisfied with my answer or if I did not understand your question correctly, please ask me for clarification and I will be glad to clarify. Your satisfaction is my goal. Please kindly remember to issue a POSITIVE RATING now before you leave this page by choosing from the ratings. This is very important since it is how I receive credit for my service from what you paid. This question will NOT close after you rate me even though it says "To Finish..". So after rating me, feel free to ask me any follow up questions at no additional cost . Any bonus you wish to provide will be very appreciated.If you have other NEW questions in the future, you can make sure that I answer it for you if you start your new question post with the words "FOR JENNIFER " or write it in the Subject Line.

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