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  1. #1
    Join Date
    Jul 2010
    Posts
    3

    Default Permanent Resident Wanting to Apply for Naturalization

    I have asked a similar question before but I have more specific questions this time. I am a Brazilian citizen and moved to the US when I was 1. I received my permanent residence card when I was about 4 years old in 1993. At the age of 9, I moved to Brazil and lived there for 5 years without returning to the US. Since the time I returned to the US at the age of 13, I have had "continuous residence" (meaning I haven't left the country for more than 6 months) for the past 8 years. I came back to the US with no reentry permit. Am I eligible for naturalization without a chance of denial based on the fact that I have had continuous residence for more than 4 years and one day since returning? (considering I meet all the other qualifications of good moral, no committed crimes, etc...)

    It states on the law.justia.com website:
    "another one
    (ii) For period in excess of one (1) year. Unless an applicant applies for benefits in accordance with 316.5(d), absences from the United States for a continuous period of one (1) year or more during the period for which continuous residence is required under 316.2 (a)(3) and (a)(5) shall disrupt the continuity of the applicant's residence. An applicant described in this paragraph who must satisfy a five-year statutory residence period may file an application for naturalization four years and one day following the date of the applicant's return to the United States to resume permanent residence. An applicant described in this paragraph who must satisfy a three-year statutory residence period may file an application for naturalization two years and one day following the date of the applicant's return to the United States to resume permanent residence."

    Another question I have is, If I apply for naturalization and get denied, would by permanent resident card be revoked?

    Any help is greatly appreciated. I really need citizenship to apply for government jobs since that's all we have around this area.
    Thanks.

  2. #2
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Permanent Resident Wanting to Apply for Naturalization

    I am confused about your 5 year absence and reentry since at this time and extended absence of that length would now be taken that you (and your parents) had abandoned the GC unless there was some other circumstance of which you may not be aware.

    I suggest that you consult an immigration attorney prior to filing to determine whether this might become an issue during the naturalization review and what evidence might be needed to address any concerns about this period.

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