I have GC for 8 years and flying to USA every 6moths to my home country university and I stay in the USA for every holidays. Can I apply for citizenship? I know they can denied me a citizenship, because I wasn't in the USA for 36 months in last 5 year, but will they findout this ?I will just type trips outside the USA, that lasted less then 6 months. Can I somehow get US citizenship? I want to stay in the USA now. I have strong ties to the USA, because whole my family is residing in the USA and they are us citizens and I ahve full time residence in the USA. Can they take away my GC if they will findout I was taking so much trips in last 5 years?
Can they check it?
- Thread starter thrix
- Start date
LegalAlien99
Registered Users (C)
Well, you might get away with it, you might not. Either way, you would be cheating. When you apply for naturalization, they run a couple of checks on you. The IBIS check being one (Interagency Border Inspection System). They run you through roughly 20 gov't databases and they will have a record of your exits and departures from the U.S. Everytime you leave the country and everytime you return, they run your passport/green card info against the IBIS database. This way, they have an exact track record of your entries and exits.
From the way I read your post, you use the GC more as a visitor visa than an actual authorization to reside in this country. If that is true, you might already be violating immigration law. Have you been filing taxes in the U.S. every year? Did you register (assuming you are male) for Selective Service? Etc. etc. etc. Well, they can take away your green card if you do not live here. If you only spend your vacation in the U.S., you obviously do not have the U.S. as your domicile.
If I were you, I would now continuously reside in the United States and apply once you meet the physical presence & continuous residency requirements...stay clear of filing for citizenship now.
Cheers!
Legal
From the way I read your post, you use the GC more as a visitor visa than an actual authorization to reside in this country. If that is true, you might already be violating immigration law. Have you been filing taxes in the U.S. every year? Did you register (assuming you are male) for Selective Service? Etc. etc. etc. Well, they can take away your green card if you do not live here. If you only spend your vacation in the U.S., you obviously do not have the U.S. as your domicile.
If I were you, I would now continuously reside in the United States and apply once you meet the physical presence & continuous residency requirements...stay clear of filing for citizenship now.
Cheers!
Legal
Superstring
Registered Users (C)
Legal, this was the perfect answer! 
Thrix, you are already in trouble and you are obvisuoly violating permanent residency requirements.
You are very lucky that they did not catch you so far....and trust me that can easily happen if an IO officer at POE starts asking some though questions. Your green card can be taken away.
To emphasize:
#1 NEVER EVER LIE......If you are caught doing that, you might be permanently barred from entering US ever. If you gain US citizenship based on lies, it can be revoked by the judge at any point in the time if you are sued.
#2 DO NOT FILE FOR CITIZENSHIP NOW. It will not end well for you at all and you might even loose your PR status. When you file for citizenship, it is like a major review process of ALL your past actions since becoming permanent resident.
#3 MAINTAIN YOUR US RESIDENCY. There are so many postings about this issue.
P.S.: I'm not a lawyer. I'm not an immigration expert. I am just an ordinary guy and you are soley responsible for your actions.
Thrix, you are already in trouble and you are obvisuoly violating permanent residency requirements.
You are very lucky that they did not catch you so far....and trust me that can easily happen if an IO officer at POE starts asking some though questions. Your green card can be taken away.
To emphasize:
#1 NEVER EVER LIE......If you are caught doing that, you might be permanently barred from entering US ever. If you gain US citizenship based on lies, it can be revoked by the judge at any point in the time if you are sued.
#2 DO NOT FILE FOR CITIZENSHIP NOW. It will not end well for you at all and you might even loose your PR status. When you file for citizenship, it is like a major review process of ALL your past actions since becoming permanent resident.
#3 MAINTAIN YOUR US RESIDENCY. There are so many postings about this issue.
P.S.: I'm not a lawyer. I'm not an immigration expert. I am just an ordinary guy and you are soley responsible for your actions.
Last edited by a moderator:
Hi all,
I have been a resident since Dec 97 however in 1998, 1999 and 2000 I rarely entered the US.
However, since August 2001 I have been in the US and fulfilled all my requirements for citizenship and as much I am going to apply this coming Oct 06.
Would the interviewer care much about 1998, 1999 and 2000? Or is it mainly the last 5 years?
Please advise. Thank you.
I have been a resident since Dec 97 however in 1998, 1999 and 2000 I rarely entered the US.
However, since August 2001 I have been in the US and fulfilled all my requirements for citizenship and as much I am going to apply this coming Oct 06.
Would the interviewer care much about 1998, 1999 and 2000? Or is it mainly the last 5 years?
Please advise. Thank you.
Actly I have domicile in the USA! I pay taxes every year, I even work here all-time. I have all utility bills here and apartment. I just study abroad (it's cheaper). My parents and sister live in the USA. I use bank card and credit cards from USA. I am also registered in Selective Service.
Not everytime they swipe my passport at the entry to the USA.
They never swipped my GC when leaving the USA!! I just don't say I am PR.
Will it help is I last year or two in the USA and file N-400 ?
Not everytime they swipe my passport at the entry to the USA.
They never swipped my GC when leaving the USA!! I just don't say I am PR.
Will it help is I last year or two in the USA and file N-400 ?
k last one..you need to discuss this,there is no harm...eo23 said:
dont worry about those petty issues and drag your self into bigger trouble by lyeing...plz tell them the truth..
there is no chance they are going to reject your case.thts the reason for me to have faith in the system......
remember never lie.never ever take a chance .....
I sort of understand.
If you could elaborate (after lunch!) more then I would really appreciate it.
I have been out of the US for MORE THAN 6 months in 1998, 1999 and 2000 however as I said before I've fulfilled the requirements in their ENTIRETY since Aug 31 2001
i.e.
No trips longer than 6 months
Taxes
Selective Service
30 months physical
Continuous 5 years
Please advise! I just want to apply at the optimum time and avoid AT ALL COSTS to discuss these prior years.
If you could elaborate (after lunch!) more then I would really appreciate it.
I have been out of the US for MORE THAN 6 months in 1998, 1999 and 2000 however as I said before I've fulfilled the requirements in their ENTIRETY since Aug 31 2001
i.e.
No trips longer than 6 months
Taxes
Selective Service
30 months physical
Continuous 5 years
Please advise! I just want to apply at the optimum time and avoid AT ALL COSTS to discuss these prior years.
brother,trust me i was in the same boat as u r in...eo23 said:
i had trips in 96/98...mine was a much more complicated case than yourss.....
trust me read the n400 booklet...
you can apply as of today...
look for my case in immigration-information.com >> forums.
cya/sorry
Ok, I will try to find it.
Another question.
Did you have to lie to enter the US in those prior years?
I was young at the time and my parents had to approximate times less than 6 months in order to enter during those years.
If I am eligible today then i will apply right away, however I want to know what to write in the section which asks "where have you been since you have been a resident and for how long?"
Another question.
Did you have to lie to enter the US in those prior years?
I was young at the time and my parents had to approximate times less than 6 months in order to enter during those years.
If I am eligible today then i will apply right away, however I want to know what to write in the section which asks "where have you been since you have been a resident and for how long?"