If you have a question on immigration matters, write Ask-visalaw@visalaw.com. We can't answer every question, but if you ask a short question that can be answered concisely, we'll consider it for publication. Remember, these questions are only intended to provide general information. You should consult with your own attorney before acting on information you see here.

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Q - I am planning to apply for citizenship but I want to make sure that I am eligible before proceeding. I've been residing here in the US for the more than five years, however I've been visiting the Philippines almost every year for the past five years and at one occasion I stayed there for 6 and a half months due a family emergency. I'm not sure if this would affect my eligibility.

A - Remaining outside the US for six months to a year creates a presumption that you have broken your continuous residency in the US. This is a presumption that can be overcome with evidence of your maintaining ties during this time in the US. That may include things like filing taxes here, keeping a car in the US, keeping a residence in the US, keeping investment and bank accounts, etc.

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Q - I obtained employment based permanent residency in July 2000.  What is the earliest date I can apply for citizenship assuming I meet all other eligibility requirements (not losing PR status etc.)?

A - You can apply some time in April 2005 assuming all the normal requirements will be met. That's because you can apply up to 90 days ahead of the fifth anniversary of permanent residency (third anniversary if you are married to a US citizen).

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Q - I would like to know what r the documents required to show to an immigration officer for a student visa

A - There are several items you will need to present. First and foremost is an unexpired passport. You will also need to have an I-20 form generated by the school you will be attending. You will want to have the non-immigrant visa application forms, the filing fee and the application photo. And, importantly, you'll need evidence to show non-immigrant intent. This would include documentation showing family ties to your home country, job prospects for when you return home, plenty of financial resources to pay for your education and expenses in the US as well as assets you own in your home country. Bottom line - you'll need to convince a consular officer with documentation that you are not going to overstay your student visa and you will not need to work illegally in the US to support yourself.