Immigration Law

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I am a card holder that travel frequently abroad and I want…

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I am a green...

I am a green card holder that travel frequently abroad and I want to apply for us citizenship with less than 30 months presence for the last 5 years

Lawyer's Assistant: What is your official status? Was any immigration paperwork filed with the government?

No not yet

Lawyer's Assistant: Have you talked to a lawyer?

No not yet

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I file my taxes regularly for the last 28 years and still maintain a lawful business in the us

Submitted: 11 months ago.Category: Immigration Law
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Answered in 1 minute by:
8/6/2017
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 11 months ago
Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 6,815
Experience: She has worked on all types of U.S. Immigration cases since 2007.
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Hello, my name is***** & I will be the immigration attorney helping you today. I'm reviewing your question and will be with you in a few minutes.

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Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 11 months ago

Sure, I am happy to help you. What is your specific question about applying with less than the 30 months presence in the last 5 years? Are you asking if you can?

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Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 11 months ago

Sorry for the delay.. You opted me out and then I could not reply. I just noticed you opted me back in.

I will prepare your answer now.

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Customer reply replied 11 months ago
Thank you
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 11 months ago

Unfortunately, even if you have been a green card holder for 28 years, USCIS will look at the last 5 years for your required physical presence. This means that you must have at least 30 out of the last 60 months inside the US in order to be approved, among the other requirements. The only way around that is if you were spending that time outside the US because you were employed in one of these categories https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD-Chapter5.html

If you were not employed in one of these categories, then unfortunately you would not be approved until you have 30 months out of the previous 60 months in the US.

I'm sorry, I wish I had better news. I hope you can understand that I don't make the US laws and I can't change them. I hope you can rate me based on the consult and not on good or bad news beyond my control.

Good luck to you and I hope this answer has helped you!

Please kindly click "Finish by RATING" now and RATE me by choosing from the STARS. Don't worry, the question will NOT close and will NOT be finished. It stays OPEN after you rate me and I will continue to answer your follow up questions for you at no additional charge if you have any.

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Again, if you just have additional follow up questions that you would like to ask me, please ask me and I will be happy to clarify. Your satisfaction is my goal.

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Customer reply replied 11 months ago
I have one more question related to the specific categories. If I am the owner and manager of a US company would that justify my reduced physical presence?
Customer reply replied 11 months ago
This question is again for JEN MARIE
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 11 months ago

Unfortunately it's not enough. there would be a possibility only if it's American firm engaged in development of U.S. foreign trade and commerce or its subsidiary, or a public international organization. Otherwise you need to meet the physical presence requirement.

I hope this has helped you and I hope that you can kindly leave a positive rating.

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Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 11 months ago

Hello again.. I see that you were able to view my answer a few days ago, but you did not ask any follow ups or leave me any feed back.

Please let me know how else I can help and please kindly keep in mind that we experts do not receive a salary from this website. We only receive credit when you leave a good rating for us with the stars ★★★★★. Thank you for your consideration of our work and time here.

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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.

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