Can I apply for citizenship if I am a green card holder for over 21 years? 4 Answers as of August 01, 2011I am a green card holder and my mom RE-PETITIONED me because I over stayed in the Philippines for about 5years. I was already here when I was 9 years old, I am now 24. And I arrived last 2006. I filed for a re-entry and spent 2 years in the Philippines. I got back last July 2010. Can I still apply for citizenship because my mom is a US citizen? She’s been here since 1988.
Eric M. Mark, Attorney at Law | Eric Mark
Your facts are confusing. Eligibility for citizenship has several requirements. ONe is being a permanent resident for five years, and you have that. Another is physical presence in the U.S., and it seems this may be a problem for you.
Answer Applies to: New Jersey
Calderón Seguin PLC | Ofelia L. Calderon
You can only apply for citizenship if you are eligible yourself, meaning that you have been an LPR for the last five years and have been physically in the U.S. for at least half of the five year period prior to applying. Pretty much any trip out for more than 6 months breaks that presence. I would say no. You will not be eligible until at least July of 2015 assuming you manage to stay in the U.S. Your mom's status has nothing to do with yours.
Answer Applies to: Virginia