Need help!


rk444

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My husband got green card through family in 2003 but couldn't maintain permanent residence in america because he was studying in medical school back home until 2009. He also got a re-entry once for one year before 2009. After finishing medical school he started studying for medical licensing exams for america (usmle) while staying at home in his country (these are computer based exams and you can prepare for them staying at home, he chose to stay back home until he is done with exam because it was expensive for him to stay in America and prepare for these board exams). Meanwhile he started looking for a job  in america in 2010 and interviewing with different universities on phone and skype, He maintained his bank account, mailing address in the US. He got job here in April 2011. Since then he has been staying in america and now working as a surgeon. He is eligible for citizenship he satisfies 30 months rule but he has burden of proof for 2009 and 2010 fro which he stayed more than 6 months but less than one year out of america. if he is able to prove his intent to immigration officer he will be granted citizenship this year. My questions are:

 

1- As he never did a job back home and was studying for the united states medical boards exams in 2009 and 2010 and was interviewing with the US universities justifies his more than 6 months but less than a year  absence from the US?  

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My husband got green card through family in 2003 but couldn't maintain permanent residence in america because he was studying in medical school back home until 2009. He also got a re-entry once for one year before 2009. After finishing medical school he started studying for medical licensing exams for america (usmle) while staying at home in his country (these are computer based exams and you can prepare for them staying at home, he chose to stay back home until he is done with exam because it was expensive for him to stay in America and prepare for these board exams). Meanwhile he started looking for a job  in america in 2010 and interviewing with different universities on phone and skype, He maintained his bank account, mailing address in the US. He got job here in April 2011. Since then he has been staying in america and now working as a surgeon. He is eligible for citizenship he satisfies 30 months rule but he has burden of proof for 2009 and 2010 fro which he stayed more than 6 months but less than one year out of america. if he is able to prove his intent to immigration officer he will be granted citizenship this year. My questions are:

 

1- As he never did a job back home and was studying for the united states medical boards exams in 2009 and 2010 and was interviewing with the US universities justifies his more than 6 months but less than a year  absence from the US?  

1. This excuse will not be accepted by USCIS as your spouse has to fulfill the condition of being physically present and not just mentally present in US.

 

Talk to a good immigration attorney.

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