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Lee & Garasia, LLC
Tel: 732-516-1717
Toll Free: 888-404-5876
Experience, Accessibility, and Excellence
for Over 20 Years
“When it comes to immigration, I go to Paris and Angie–and trust me, I know a lot of lawyers all over the world.”–Renzo Gracie, Brazilian Jiujitsu and MMA Legend 
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“Lee and Garasia are excellent lawyers, punctual and professional. They are dedicated to going above and beyond the usual level of service to meet your client’s needs. Their staff is very knowledgeable, friendly and polite. I would highly… recommend this firm to anyone.”
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“I would definitely recommend Mr.Lee and Garasia as an immigration attorney because they did a great job with my case i.e. of Adjustment of Status (i-485). Mr. Lee helped us in each and every detailed information and prepared to the best of it. It was all well done and would like to appreciate.”
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“I would like to thank my lawyer Mr Lee & Garasia and the staff for all immense help and patience throughout this entire process, I really appreciate your constant attention to my case, as well to my questions and my concerns. You’ve really made this process much more comprehensive to me, which I greatly appreciate.”
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“Mr. Lee and Ms. Garasia did a great job with my renewal of my permanent residence application. They help prepare the paperwork with such a great attention to details and accuracy. I will recommend the law firm every time.”
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“Mr. Lee did a great job with the renewal of my permanent residence application. My case was very time sensitive and they worked really fast on my case with great detail and accuracy. I will recommend the law firm every time.”
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“I would recommend Attorney Paris Lee for anybody who needs immigration consultation. Mr. Lee is THE lawyer who respects and cares clients. Mr. Lee is professional and honest. Bottom line, preparation for the results and NO BS!”
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“Stalin – Lee did a wonderful job, Got my wife her visa in one year. He is extremely helpful and knowledgeable. I would highly recommend him for all your immigration needs.”
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“Hello. I appoint him as my immigration lawyer and that way he solved my cases was truly amazing. He was so honest and knowledgeable for his work. He solved my all family immigration issues and because of his effort we were able to get done our immigration work done successful. Thank you lee and garasia.”
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“Lee & Garasia stand for accountability and responsibility. They are reliable, honest and are always constructively looking for a solution. A big thanks :)”
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Continuous Residence Requirement for Citizenship

One of the most important criteria that every lawful permanent resident must address when applying for naturalization is the continuous residency requirement.  In general, a permanent resident must retain that status for at least five years before becoming eligible to apply (permanent residents who are married to and obtained their status through US Citizens can apply after three years).  Immigration and Nationality Act § 316(a).  However, it gets more complex than that.  Assuming that the five (or three) year requirement has been satisfied, the immigration officer will also examine and scrutinize the applicant’s trips outside the US.  Under the Immigration and Nationality Act (or “INA”), any absence of six months or more will “break” the continuity of one’s residence.  The provision, INA § 316(b) reads:

Absence from the United States of more than six months but less than one year during the period for which continuous residence is required for admission to citizenship, immediately preceding the date of filing the application for naturalization, or during the period between the date of filing the application and the date of any hearing…shall break the continuity of such residence, unless the applicant shall establish to the satisfaction of the Attorney General that he did not in fact abandon his residence in the United States during such period.

An individual in this circumstance will be expected to furnish proof that he or she did not abandon his/her residence in the United States.  If the immigration officer adjudicating the case is not satisfied, he or she does have the discretion to deny the application, even if the person has passed the history and English proficiency tests.    Some demonstrative proof might include tax returns and mail addressed to the applicant during the trip in question.  Hoping that the citizenship officer will just take your word for it and take your declaration at face value, unfortunately, rarely works.

For further guidance and insight into what is needed to successfully overcome a presumption of abandonment, please contact our Edison office.   We handle a high volume of citizenship and naturalization matters and deal with these thorny issues on a regular basis.