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Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 5239
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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I am a card holder that travel frequently abroad and I want

Customer Question

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
JA: What is your official status? Was any immigration paperwork filed with the government?
Customer: No not yet
JA: Have you talked to a lawyer?
Customer: no not yet
JA: Anything else you want the lawyer to know before I connect you?
Customer: I file my taxes regularly for the last 28 years and still maintain a lawful business in the us
Submitted: 2 months ago.
Category: Immigration Law
Expert:  Jen Marie, Esq. replied 2 months ago.

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.

Expert:  Jen Marie, Esq. replied 2 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?

Customer: replied 2 months ago.
Expert:  Jen Marie, Esq. replied 2 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.

Customer: replied 2 months ago.
Thank you
Expert:  Jen Marie, Esq. replied 2 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: replied 2 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: replied 2 months ago.
This question is again for JEN MARIE
Expert:  Jen Marie, Esq. replied 2 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.

Expert:  Jen Marie, Esq. replied 2 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.