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  1. J

    marital status

    If on the N-400 you state that you are married, and you have not already provided them with a marriage certificate during an earlier immigration process such as your green card application, they probably will ask for the marriage certificate at the interview, even though you're not applying for...
  2. J

    SB-1 Visa, continuous residency requirements for Naturalization

    If you are a US citizen, she would be eligible for naturalization 3 years after her status was reinstated in May 2013 (assuming you were already a US citizen at that time, and all other requirements such as good moral character have been met). She can apply as early as 90 days before the 3...
  3. J

    Child stayed 4 years without status - will the immigrant visa be denied?

    Overstays of under-18 children will not count against them for the issuing of an immigrant visa (although it can be a problem for nonimmigrant visas or adjustment of status). That's not a valid reason. Your citizenship status doesn't or lack thereof doesn't stop you from removing your child...
  4. J

    Continuous Residence and Physical Presence prior to N-400

    A single absence of 6 months or longer is presumed to break continuous residence. Multiple trips of under 6 months each which add up to more than 6 months is normally not a problem, unless the trips were a long sequence of absences with very short time in between, e.g. five trips of 4 to 5...
  5. J

    N-400 application photographs question.

    Don't sign the photographs now. Follow the N-400 instructions, which say "Using pencil or felt pen, lightly print your name and Alien Registration Number (A-Number) on the back of each photo." At the interview, that is when they may ask you to sign a photograph, and they will tell you where to...
  6. J

    Filing N-400 based on 2010-2015 presence but don't have 2010 Tax Return

    During the 4 years and 1 day period you must not have any other trips that would break continuous residence, otherwise such a trip would set off a whole new waiting period of 4 years and 1 day. I personally recommend listing all traffic tickets, as minor tickets are not going to cause denial...
  7. J

    How precise should I be about physical presence?

    In addition to listing the dates as precisely as possible, you probably will also have to bring some proof of living in the US, such as school or employment records. Note that for this purpose they don't care about time in the US after the child's birth, as it's only the amount of time before...
  8. J

    USCIS Officer Refused My Name Change

    Do you have your birth certificate? If you have neither a birth certificate nor passport, it might be legitimate for them not to handle your name change (however even then I'm not so sure about that, especially since they should already have copies of one or both on file from your green card...
  9. J

    Filing N-400 based on 2010-2015 presence but don't have 2010 Tax Return

    File in 2015 based on the 4 years and 1 day rule, which makes you eligible for naturalization if you file 4 years and 1 day after your last long trip (provided you have met the other requirements such as good moral character, living in the district/state for 3 months etc.). Then the 11 month...
  10. J

    question about the listing of trips outside US in the last five years.

    If the trip was partially inside the last 5 years, list the whole trip.
  11. J

    Do I need to be Employed...?

    There is no employment requirement, however if you have an extended period (like a year or more) of not being employed they may ask for evidence of how you supported yourself, such as bank statements showing sufficient savings if you were living off savings or the tax return of your spouse if...
  12. J

    Deserted military as permanent resident

    Your green card is deader than a dead skunk. By default your green card is no longer valid for reentry if you spend 1 year or more outside the US without a reentry permit or other suitable documentation, and you are WAAAAAAY past that. Your returning resident visa won't get approved.
  13. J

    Residence address for Citizenship applicaion

    It would be safest to list both the NY dorm address and the GA home address in the address history section, but put the GA address in the #1 spot if GA is what he plans to use a base for the N-400. Both addresses would have the dates as _____ to present, so at the interview he can explain the...
  14. J

    N-400 early filing after extended absence

    You need 913 days of presence (half of 5 years), not 900. The 90-day early filing period doesn't apply to the 4 year 1 day rule, nor to the 913 days physical presence requirement.
  15. J

    Complicated situation. Need help on citizenship/reentry issue.

    It appears that you have already derived US citizenship through your father. You've probably been a citizen since you first got your green card at age 9. Go to the nearest US consulate and apply for a US passport before you travel back to the US. You will need your green card, birth...
  16. J

    N600 or DNA test for citizenship?

    You'll risk being deported for using a fraudulent birth certificate, especially if that birth certificate was used to obtain a US visa. You'll have to convince them that you didn't know and could not reasonably have known that the people listed on your birth certificate weren't your birth...
  17. J

    My difficult and confusing n400 and citizenship

    If you apply with the 3 year rule there is more paperwork and they will scrutinize your marriage. So if you qualify for both, it's better to apply with the 5 year rule unless you have a disqualifying circumstance* that falls within the 5 year window but is outside the 3 year window. *for...
  18. J

    Can I submit our N-400 and expect a favorable response?

    You're not supposed to file AR-11 for addresses outside the US, so you were not expected to file one when staying in Canada. The purpose of AR-11 is to track your movements within the US. Notice that the form doesn't even have a space where it asks for the country.
  19. J

    N-400 application and permanent resident card expiration

    It is only a hard and fast rule in the sense that you must apply before the 6 month cutoff if you want to be entitled to a free I-551 stamp in the event that your N-400 is still pending when your green card has expired or is almost expired. However, if you apply slightly after the 6 month...
  20. J

    I didn't know about the selective service until now. I am 27 and applying for citizenship.

    For more than 10 years now, they have been automatically registering males between 18 and 26 for Selective Service as part of the green card process, so you probably have been registered but don't know it. Check the Selective Service web site to see if you're registered. If it doesn't verify...
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