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Hi i am a green card holder for full four years and i was out of country for 28 month due to heart problem. I have all document to proof it from my doctors, upon arrival to U.S. i have showed them

to the immigration officers and i have been accepted. Now there is a time to apply for citizenship

and i heard that i have to wait another five years to be eligible for citizenship, since i was out for 28 month.

I want to know is that true since i was ill and couldn't fly?

could you let me know I am a women 72 years old and got my green card through my son.

thank you very much.

badrolsadat cheshmshab

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The 28-month trip probably broke your continuous residence

in the U.S.

You could try and apply and claim that your residence was maintained in the U.S. throughout that time despite you're being

outside the U.S.,

but without a lawyer advocating for your position, it will probably be

denied. The requirement is, of course, continuous residence in the U.S.

for at least 5 years immediately preceding filing of naturalization, and at

least 30 months of physical presence in the U.S. during those 5 years ("physical

presence" not the same as "continuous residence"). If the naturalization

application is denied, then you'd have to wait 5 years from the time of your


Larry L. Doan, Esq.

Be sure to visit my blog - http://GuruImmigration.wordpress.com

www.GuruImmigration.com (click on Contact Us)

Note: The above response is provided for legal information only and should

not be construed as legal advice, nor to create an attorney-client

relationship, which can only be established through payment of

consideration. We do not offer free advice except for the information provided herein on FindLaw Answers which has

been screened. If follow-up advice on your specific situation is

desired, please visit my website www.GuruImmigration.com for more details.

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