applying in a complicated situation

[Sara L 1]

Hello,

I have a sister who wants to get her citizenship but she has a rather complicated problem,

and she really needs your help to sort this out.

First, She was adopted when she was 14 (in 2000) to her uncle and aunt (they both were US citizens).

So she stayed in US "legally" and got her green card in sept 2006.

She turned 18 meanwhile so she didn't get her citizenship directly.

She completed Jr. High school, High school, and university in US,

she owns a car under her name, and she still needs to pay off her student loan.

basically I think she has plenty of connections with the US.

but here comes a problem due to her frequent travel.

we've organized all the dates when she were out of country.

2006 09/28 -Green card issued

2008 07/01 ~ 08/09 - about 40days

2011 03/16 ~ 03/28 - 12days

2011 06/14 ~ 07/13 - 30days

2011 09/28 << this is the 5yr point where she can apply for her citizen ship, right?

and I assume she hasn't been out for too long so previous travel records wouldn't harm so much?

But after this point, she went for a long trip.

2011 10/20 ~ 2012/06/12 <after being gone for about 8 month she managed to enter US w/o any problem.

she stayed in US for about 3 weeks and left so soon again for another long trip on 06/28.

She is just about to hit a year mark now so she is planning on coming back to US in June 2013 before it's too late.

Since She was once qualified in 2011, is it safe for her to apply for her citizenship?

Or,

does she have to wait another 5 years after living in US all these years since 2000 because her continuity was broken?

if so, is hiring an attorney a good idea?

I appreciate your time

thank you

[HappyKnappy 30]

She may be eligible to apply for naturalization if:

During the last five years, she has not been out of the United States for 30 months or more. If she has been out of the country for 30 months or more, she may still apply given she is:

(a) A person who has served on board a vessel operated by or registered in the United States, or
(b) An employee or an individual under contract to the U.S. Government, or
© A person who performs ministerial or priestly functions for a religious denomination or an interdenominational organization with a valid presence in the United States.

AND

During the last five years she has not taken a trip out of the United States that lasted one year or more.

As you can tell, the important timeline is that of the last 5 years, not the date she is eligible to apply for the benefit.

[hieumin 2]

did she has any tight during to the us during those 8 months like paying taxes, or what purpose of the trip? other than that she is ok. I know cis counts like 3 out 5 year you must in the us regarding number of days outside us.

[HappyKnappy 30]

I did not include the reference for what I posted... Straight from USCIS

http://www.uscis.gov/files/article/attachments.pdf

[Sara L 1]

She may be eligible to apply for naturalization if:

During the last five years, she has not been out of the United States for 30 months or more. If she has been out of the country for 30 months or more, she may still apply given she is:

(a) A person who has served on board a vessel operated by or registered in the United States, or

(b) An employee or an individual under contract to the U.S. Government, or

© A person who performs ministerial or priestly functions for a religious denomination or an interdenominational organization with a valid presence in the United States.

AND

During the last five years she has not taken a trip out of the United States that lasted one year or more.

As you can tell, the important timeline is that of the last 5 years, not the date she is eligible to apply for the benefit.

Thank you

As far as I know, for last 5 years, she had lived in US for more than 30 months,

And she had a trip that lasted 7 months, and a trip that lasted 11 months. However, she only stayed one month in US between those two trips.

Would it be possible for her naturalization be denied because of those trips?

[Sara L 1]

did she has any tight during to the us during those 8 months like paying taxes, or what purpose of the trip? other than that she is ok. I know cis counts like 3 out 5 year you must in the us regarding number of days outside us.

She has not filed her taxes for 2012, she was in Korea for 11 months out of 12 months in 2012.

She stayed there for long for trip and leisure purposes.

[VanessaTony 3,567]

She has not filed her taxes for 2012, she was in Korea for 11 months out of 12 months in 2012.

She stayed there for long for trip and leisure purposes.

She has broken her continuous residence by staying out more than 6 months. If she shows proof she did not intend to abandon her residency (proof of filing taxes, maintaining a bank account, drivers license etc) then she might be okay.

She needs to file her 2012 taxes if she earnt ANY income. Doesn't matter if it wasn't in the US. Might also be safe to file taxes with "0" income if she doesn't have any, just to show she filed.

[churawan 14]

Yes file taxes regardless ASAP, even if she moved back to Korea she would still have to file being a green-card holder... The sticky facts are the trending to being out of the USA more than here, significantly so..... Depends on what the reviewing individual wants to question or hold against her at this point.... Not hopeless be there will be questions coming her way for sure!!!!

[eapa34 0]

Best would be filing taxes but would recommend legal advice from a immigration lawyer. But she has violated her continuous residency and would have a higher chance of getting denied.