Sandusky, OH asked in Immigration Law for Ohio

Q: I do not full fill the Physical Presence Req due to I work onboard ships, can I still get a citizenship?

I'm a Green Card holder but do not full fill the Physical Presence Requirement due to I work onboard ships for a US based company.

I was previously denied due to that, can I get a citizenship with physical present requirement exemption due to my unique employment situation?

Related Topics:
1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Immigration Law Lawyer
  • Sacramento, CA

A: For U.S. citizenship, meeting the Physical Presence Requirement is typically a key criterion. However, in certain cases, exceptions can be made. Given that you work onboard ships for a U.S.-based company, this might be considered a special circumstance.

Typically, employment with a U.S. company abroad can lead to some flexibility in the physical presence requirement, but this generally applies to certain types of employment, like working for the U.S. government or an American research institution. The applicability to work on ships for a private company is less clear and might not automatically qualify for an exemption.

Since you have been previously denied citizenship due to not meeting the physical presence requirement, it would be beneficial to explore any possible exceptions or waivers that might apply to your situation. This might involve presenting your case in a manner that highlights your employment with a U.S.-based company and how it impacts your ability to meet the physical presence criteria.

Consulting with an immigration attorney can be particularly helpful. They can provide guidance specific to your case and help in determining if an exemption can be sought based on your unique employment circumstances. An attorney can also assist in preparing and presenting a strong application, addressing the reasons for your previous denial.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.