Q&A: I stayed overseas for 10 months, will that affect my citizenship application and my immigrant petition for my husband?


Question: I am a permanent resident and I am aware that I can file my citizenship 5 years after being a permanent resident. Next year is going to be my 5th year but in 2008 I stayed in the Philippines for 10 months. does staying for 10months affects for filing citizenship? Second, I am married, can I file for my husband to get his green card at the same time I file for petition for my son and he’s in the Philippines right now. Can I file petition all at the same time? My husband entered the US as tourist visa and over stay his time. I want to file petition for them after I file for my citizenship…Thanks!

 Answer:  Unless you have “good cause” for staying overseas for more than 6 months, your continuous residence will be broken and you need to restart the 5 year count starting from the time you returned to the US.  Please consult an immigration lawyer for advise.  

 You may petition your husband now but unless you become US citizen, it will take 4 years and he may not adjust status in the US as he overstayed his visa (as stated on his I-94).