Can a resident alien apply for citizenship if they have been out of the U.S. for 11 months prior to the application? 5 Answers as of August 06, 2013

Is intentional bad credit considered before allowing a resident to obtain a citizenship certificate?

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Frazier, Soloway & Poorak, P.C.
Frazier, Soloway & Poorak, P.C. | David Nabow Soloway
There are two requirements for naturalization eligibility that sound similar, but actually are different: residence requirements and physical presence requirements. In general, an absence from the U.S. of over 180 days but less than 1 year will create a presumption that the Permanent Resident has abandoned his/her residence and Permanent Resident status in the U.S., but that presumption may be rebutted with appropriate evidence. I do not know what is meant by "intentional bad credit." Generally, one's credit history and creditworthiness is irrelevant for naturalization eligibility, but some conduct may constitute "lack of good moral character." Significantly more information would be necessary in order to assess naturalization eligibility, and it would be wise to engage an immigration attorney to learn all of the relevant information and then be able to advise about naturalization eligibility and the steps needed to succeed with an application. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.
Answer Applies to: Georgia
Replied: 8/6/2013
The Law Office Kevin L. Dixler
The Law Office Kevin L. Dixler | Kevin Lawrence Dixler
More information is needed. Filing for naturalization seems unwise and may lead to denial or deportation based upon arguable abandonment. In addition, your poor credit score is not the issue, but if you admit to a crime for which you have not yet been convicted of, you may arguably complicate matters.
Answer Applies to: Illinois
Replied: 8/6/2013
Perez-Jenkins Law, LLC | Patricia Perez-Jenkins
Bad credit is not a consideration for citizenship. Leaving the country for 11 months may cause an issue as you are required to show that you have been the US for 5 years. You would need to speak to an attorney to discuss all the possible ramifications.
Answer Applies to: Minnesota
Replied: 8/6/2013
Christian Schmidt, Attorney at Law
Christian Schmidt, Attorney at Law | Christian Schmidt
Not if the prolonged absence was less than 4 years and a day ago.
Answer Applies to: California
Replied: 8/6/2013
Law Office of Sylvia Ontaneda-Bernales | Sylvia Ontaneda-Bernales
Your credit history and score are not factors when you apply for citizenship. You have to fulfill the "continuous residence" requirement (3 for those married to US citizen or 5 years for others), and the "physical presence" requirement (18 for those married to US citizen or 30 months for others); so, without a very good reason for the absence, 11 months out of the US may be a problem. This reply is for informational purposes only and it does not establish an attorney-client relationship.
Answer Applies to: Maryland
Replied: 8/6/2013
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