A 76 year old gc holder for 43 years and Filing N 400- 3 questions...

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floridausa

New Member
My mom who is 76 years old and has been a gc holder since 1966 has finally decided to become a citizen :). She has been retired/disabled due to heart aliments for about 12 years now.

Questions:

1. She turned in her old gc for the new ones that have an expiration date; unfortunately hers has expired since 2006. Does she need to file for a new one before sending in a N-400?

2. She returned to her birthplace of Barbados, WI and returned after spending 254 days in 2006. Will she have any issues when applying for her citizenship?

3. She spends half of the year between NY and FL. Where should she apply for her citizenship?

Thanks in advance!!!
 
floridausa said:
My mom who is 76 years old and has been a gc holder since 1966 has finally decided to become a citizen :). She has been retired/disabled due to heart aliments for about 12 years now.

Questions:

1. She turned in her old gc for the new ones that have an expiration date; unfortunately hers has expired since 2006. Does she need to file for a new one before sending in a N-400?
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Yes she should renew her GC first before applying.
floridausa said:
2. She returned to her birthplace of Barbados, WI and returned after spending 254 days in 2006. Will she have any issues when applying for her citizenship?
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If she spent 254 continuous days in Barbados in 2006 she is presumed to have broken continuous residency requirement and must successful prove her US residential ties at the time.

floridausa said:
3. She spends half of the year between NY and FL. Where should she apply for her citizenship? Does she go down to FL for the winter and return back to her home in NY in spring? If so, then she should apply from NY.

Thanks in advance!!!
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floridausa said:
Thanks so very much Bobsmyth for your responses!

What would she need to prove her US ties?
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She would need to show she filed US taxes for that year, show that her immediate family remained in US, and that she kept her main abode in US (proved by rent/mortagage agreement).
 
floridausa said:
3. She spends half of the year between NY and FL. Where should she apply for her citizenship?
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If she has property in Florida with Homestead exemptions on it, that indicates she is a Florida resident.

Wherever she considers to be her primary residence, her other actions should be consistent with that. So if she has Homesteaded Florida property, she should also have a Florida driver's license or state ID, not New York.
 
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She can't file for citizenship unless four years and one day pass since her reentry in the U.S. If you file a day earlier her N400 will be denied.

Cheers.
 
Homo.Erectus said:
She can't file for citizenship unless four years and one day pass since her reentry in the U.S. If you file a day earlier her N400 will be denied.

Cheers.
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That's only if she can't prove that she did not break continuous residency. An applicant is given the chance to prove continuous residency for travel outside US more than 6 months but less than 1 year.
 
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