Long trip should not hurt
QMy husband and I were abroad for more than 250 continuous days so he could care for a sick family member. He has been a permanent resident for more than 11 years. Will he have a problem getting U.S. citizenship? I am a U.S. citizen.
Name withheld
AYour husband should be able to get naturalized despite his long trip abroad. He should try to bring evidence of his relative’s illness to his citizenship interview. Even without that evidence, he should be fine.
Naturalization applicants must prove five years continuous residence in the United States prior to naturalizing — three years under the special rules for the spouse of a U.S. citizen. With trips abroad of more than six months, naturalization officers can ask applicants to prove that they did not abandon their U.S. residence.
The officers often look to the applicant’s activity after their return. Given that your husband has resided here for a year already since his return from abroad, I’m hopeful that he will pass his naturalization interview. Still, it’s best if he can present evidence showing why he was abroad. If he maintained an apartment or house here and bank accounts, submit proof of those as well.
I’ve been offered a job in another state. My U.S. citizen wife would stay in our current home. If I take the job, can I nevertheless qualify to naturalize after only three years permanent residence? Name withheld
The law allows you to naturalize after only three years permanent residence under the special rule for the spouse of a U.S. citizen. Though the naturalization statute requires that you have been “married to and living with” your spouse for three years, USCIS regulations provide an exception where an applicant and his or her spouse “live apart because of circumstances beyond their control,” including “essential business or occupational demands.”
Bring to your naturalization interview proof that your separation is not due to problems in your marriage. Examples might be correspondence, travel records of visits to your wife or her visits to you, and phone records.
Wernick is an attorney and director of the City University of New York’s Citizenship Now! project.