Q & A June 6, 2004

Q & A 1

Dear Mr. Lee

I am a Green Card holder petitioned by my U.S. - citizen child. I had visited my parents for 5 months in China this year. Now my mother, who is more than 90 years of age, suffers from stroke, and the doctor has informed us that she might die soon. This year, when the first time I went back to China, I stayed there for 5 months, and the second time I stayed there for 2 moths.

Questions:

1. If I go back to China now to take care of my mom, will it affect my naturalization plan?
2. If I show USCIS the notice from the doctor, will it sympathizes with my situation? Or should I go through some other procedures?

Qiu

Dear reader:

1 Without an N-470 application to preserve residence for naturalization purposes being approved, any trip that you take outside the United States for one year or more even with a reentry permit would most likely conclusively break your period of residence status unless it was impossible for you to return. You would then have to begin a new residence period to apply for naturalization.

2 With a trip of one year or more without an N-470 as described above, a doctor or hospital's note describing your mother's condition might garner you sympathy from a naturalization examiner, but most likely a final denial on your naturalization application. On the other hand, good evidence of your mother's situation and your entries back to the United States prior to the one year limit could garner you both sympathy and a favorable decision provided that you meet all other requirements for citizenship.

Copyright © 2003 Alan Lee, Esq.
The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.