Wife's Citizenship eligibility.

[Aradi]

I need to clarify about how to interpret citizenship eligibility criteria.

I and my wife received GC in April 2003. We are eligible to apply for citizenship in 2008 april. Now, she needs to be out of country for 6 - 8 months and we are planning on getting Re-Entry permit. Now, if she goes in november 2006 and comeback august 2007, then,

1. In order to get her citizenship, does her 5 yr citizenship eligibility cycle start again since august 2007? or
2. Is she still eligible for April 2008? or
3. 10 months after April 2008?

Can someone please help us out?

[acpdelhi]

Here is what the law states on Continuous residence:

Absence between 6 and 12 months - If you leave the United States for more than 6 months but less than a year, the law states that you have disrupted your "continuous residence" unless you can prove otherwise. To prove that you have not disrupted your "continuous residence", you will need to provide an original IRS Form 1722 listing tax information for the past 3 years or copies of the income tax forms you filed for the past 3 years. You may also be asked to provide some of the following:

* proof that your family resided in the United States during your absence
* copies of tax records
* copies of rent or mortage payments; or
* copies of pay stubs.

Now, to answer your questions:

Your wife should be eligible for citizenship in April 2008, if you can prove to the USCIS that by providing all the documents listed above. If she stays for more than one year, she has disrupted her continuous residence even if she has a re-entry permit.

[Aradi]

Thanks acpdelhi.

[virudhun]

Is it a good idea to apply through attorney?

In case of over stay in India (about 7 months) being US permanent resident, is it a good idea to apply for US Citizenship through an attorney? or it is not required?

Please give your suggestion or share your experience.

Thanks,
Virudhun