Citra, FL Immigration Law Firms & Lawyers

Assuming that you are qualifying for citizenship under the five-year rule, you must have been physically present at least 2 1/2 years and not have left the US for one year or more during any one trip. Absences of six months or more can be construed as abandoning residence for naturalization purposes, although that can be rebutted by good reasons and showing ties and bonds in the US during that time. Not filing a tax report if you have been earning enough money to pay US taxes could be construed as a failure of good moral character, which could further bar an individual from citizenship. You could resolve that issue by filing amended returns. If you have been excessively outside the US, and you are subject to the five-year rule, you could begin a new period of physical residence in the US and file four years and one day after the time that you actually began residing again in the US as your country of permanent domicile. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

It depends on the exact date and manner of his entry to the US, any immigration or criminal violations, any filings to get him grandfathered for section 245(i) and if there is an extreme and unusual hardship to you if he were to be denied his permanent residence.

It takes about 13 years before a visa becomes available for a sibling to sibling petition. And even when it becomes available, in order to adjust status to get a green card you have to be "in status", which means you have to have NO unlawful presence during the 13 year waiting period in the United States. If you arrived on the visa waiver program, and you overstay the 90 day period, then your visa waiver privledge will be permanently revoked.