Citizenship question (Time away more than 6 months)

[MarcRosie]

HEY..another question.

 

We are talking of the requirements for US citizenship for my wife. We read on the USCIS site where it says:

 

•Be physically present in the United States for at least 18 months out of the 3 years immediately preceding the date of filing the application

 

This last time she was out of the US for 189 days. Was so because of her daughter's visa interview in Guangzhou otherwise she would've been back before the 180 days. Does she need to start over now to have 3 years without her being out for more than 180 days or is the 180 day deal not...a deal breaker. By what it says in the above it's just 18 months out of the 3 years. She easily has this.

 

But read all kinds of things about her having to give up Chinese citizenship. I told her this and she said, "WOW China is bad!" I laughed and just said that it is just different than America. Are ther any exceptions to having to give up Chinese citizenship if you're an American citizen?

 

THANKS!

 

Rosie and Marc

[dnoblett]

Looks like you can answer True for question 5 of the eligibility worksheet.

 

http://www.uscis.gov/sites/default/files/files/article/attachments.pdf (Period away was less than 1 year)

 

Though this guide indicates 6 months or longer... http://www.uscis.gov/sites/default/files/files/article/chapter4.pdf

 

I suspect if you attach the worksheet to the application indicating time away was less than 1 year, and in actuality 6 months can be 183 days or 180 days depending on how many 31 day months and if Feb with 28/29 days falls in that period, 189 days probably is close enough to be OK. If questioned explain that was in China attending child's interview which went longer than anticipated.

[Beachey]

This is not a definite site but this lawyer seems to indicate absences between 6 months and 1 year can be waived.

 

http://immigrationworkvisa.wordpress.com/2011/03/27/u-s-citizenship-residence-presence-requirements/

 

It appears you might have a decent argument especially since it was just over six months. As he says, really all you have to lose is the application fee. It does not appear to bring about any type of ban.

[Randy W]

HEY..another question.

 

We are talking of the requirements for US citizenship for my wife. We read on the USCIS site where it says:

 

•Be physically present in the United States for at least 18 months out of the 3 years immediately preceding the date of filing the application

 

This last time she was out of the US for 189 days. Was so because of her daughter's visa interview in Guangzhou otherwise she would've been back before the 180 days. Does she need to start over now to have 3 years without her being out for more than 180 days or is the 180 day deal not...a deal breaker. By what it says in the above it's just 18 months out of the 3 years. She easily has this.

 

But read all kinds of things about her having to give up Chinese citizenship. I told her this and she said, "WOW China is bad!" I laughed and just said that it is just different than America. Are ther any exceptions to having to give up Chinese citizenship if you're an American citizen?

 

THANKS!

 

Rosie and Marc

 

 

Article 9 of the Nationality Law of the People's Republic of China

 

Article 9

Any Chinese national who has settled abroad and who has been naturalized as a foreign national or has acquired foreign nationality of his own free will shall automatically lose Chinese nationality.

 

[newacct]

See http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD-Chapter3.html
An absence of more than 1 year will always break continuous presence. An absence of more than 6 months and less than 1 year will be presumed to break continuous presence, but you can overcome this presumption with certain things, like showing you kept employment in the U.S., your immediate family stayed in the U.S., etc.

[dnoblett]

Immediate Family = US Citizen Spouse in this case.