Does staying for 10 months affect my husbands chances for filing citizenship? 1 Answers as of July 08, 2011

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 5yrs but last 2008 I stayed in the Philippines for 10mos. does staying for 10months affects for filing citizenship? Second, my husband and 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 enters the US as tourist visa and over stay his time. I want petition them after I file for my citizenship...Thanks!

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Baughman & Wang
Baughman & Wang | Justin X. Wang
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).
Answer Applies to: California
Replied: 7/8/2011
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