Citizenship eligibilities

m_abraham12 said:
wow...it seems like i am gonna be in trouble...In the past 5 yrs i have worked only 2 yrs which i have claimed for tax return...other 3 yrs i have been pretty much in UK on depended visa so i didnt work in US at all....
I didnt know if a person not working in US has to file for tax...
I do have paystubs, creditcard and bank statments but no utilitiy bills or mortgage....
Do they reject applicants for not filing for taxes? so wht abt the poeple who are not working or earning any income? does it depend on age or something?

do u think i shud go see a lawyer b4 i apply?

I have got altogether 27 months of physical presence in the US now...I thought i have to wait till i have 30 months/913 days of physical presence BEFORE applying for the citizenship...can u apply b4 2-3 months?
And what shall i do abt the years i havnt filed for tax???
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ma'am there is no doubt about it u need to have 30 months atleast,again if u are not present for 30 months they will promptly mail u back the application within a week..
i dont think u r in any kind of trouble.
I am thinking u waiting for 4 -5 months is a definite win-win situation for u ewither from continuous residency or tax thing ...
key is patience. i know plenty of ppl who have failed to file for taxes,yet approved and then there are plenty of others who havent filed for taxes and been denied..
it all depends on the discrtion of ur io.
 
m_abraham12 said:
wow...it seems like i am gonna be in trouble...In the past 5 yrs i have worked only 2 yrs which i have claimed for tax return...other 3 yrs i have been pretty much in UK on depended visa so i didnt work in US at all....
I didnt know if a person not working in US has to file for tax...
I do have paystubs, creditcard and bank statments but no utilitiy bills or mortgage....
Do they reject applicants for not filing for taxes? so wht abt the poeple who are not working or earning any income? does it depend on age or something?

do u think i shud go see a lawyer b4 i apply?

I have got altogether 27 months of physical presence in the US now...I thought i have to wait till i have 30 months/913 days of physical presence BEFORE applying for the citizenship...can u apply b4 2-3 months?
And what shall i do abt the years i havnt filed for tax???
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If I interpret your response correctly, you did not live in US for 3 years (since you mention there is no mortgage, no rent, bills...). My next suggestion to you is "find a good lawyer" if you still think about filing N400. because the possibility of getting approved is remote. Coming back to US for a few days as a vacation time to satisfy less than 6 month absence does not fly with USCIS. There is clear precedence in court. Unlike the traffic ticket issue, which all stays in one's imagination.
 
Thanks a lot for the responses...

I shall explain my continuous residency and physical presence...

2002 - 9 months and 20 days (claimed for tax return)

2003 - 2 months

2004 - 4 months (claimed for tax return)

2005 - 7 months

2006 - 4 months (as of today) planning to stay till dec 2006 and apply for the citizenship

Do you think only 2 months of physical presence in year 2003 is going to create issues?
 
Given the number of days you spent outside of the country and the fact you have no mortgage, rent and/or utilities, the IO would be hard pressed to deny your case even if he/she was the nicest person on the planet. Permanent residency means just that. You have to show that want to live in U.S. once you receive you GC. Those trips might not be as bad if you had documents to show your link to the U.S. Filing your taxes would have been one. I understand that you don't have your taxes because you didn't work for those past years and would have been ok if everything else was in order.

My advice to you is to get utilities and a lease in your name as soon as possible. I strongly suggest that you get a very good laywer to help with your case.

Good Luck

Newly
 
m_abraham12 said:
Thanks a lot for the responses...

I shall explain my continuous residency and physical presence...

2002 - 9 months and 20 days (claimed for tax return)

2003 - 2 months

2004 - 4 months (claimed for tax return)

2005 - 7 months

2006 - 4 months (as of today) planning to stay till dec 2006 and apply for the citizenship

Do you think only 2 months of physical presence in year 2003 is going to create issues?
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given ur frequent trips abroad its very tough to get away the 2 months in 03....
i am thinking a high possibility of '07 for ur eligibility...again not sure..no way u r eligible as of today according to uscis laws.
 
But, as a permanent resident, you are required to file a US tax return on your world wide income. Even if you were here only 2 months and made no money while here, if you made money outside of the US, you would be required to file a tax return declaring that income (you may not have to pay tax, depending on tax treaties, etc).

You can file previous year tax returns up to <guessing>7 years</guessing> after the tax year. If it's appropriate, I think you can still file returns for 2003 and 2005.

If you leave the country too long, if you stop paying your taxes, if you sign something that indicates that you no longer are a US resident, then you are considered to have surrendered your residency. At that point, your green card is pretty much legally invalid (btw, I am not a lawyer, this is not a legal opinion or advice, only my lay opinion). The reason that you can't apply for naturalization at that point is that you are no longer a legal permanent resident.

That's why the condition is called "continuous residence"
 
m_abraham12 said:
do u think i shud go see a lawyer b4 i apply?
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YES

m_abraham12 said:
I have got altogether 27 months of physical presence in the US now...I thought i have to wait till i have 30 months/913 days of physical presence BEFORE applying for the citizenship...can u apply b4 2-3 months?
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You absolutely need 30 months minimum presence before you can apply. The 90 day exception would not apply because you don't yet meet the physical presence requirements.
 
m_abraham12 said:
Do you think only 2 months of physical presence in year 2003 is going to create issues?
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Yes, because it demonstrates a pattern of living abroad and returning to the US for short periods to protect the status of your GC. This is why you need to see a lawyer asap.
 
I asked my dad abt this...He says when he applied for tax returns previous years he had given my name for tax claims as he has shown me as his dependent...he has got all documents with him...Do you think that will count???

I am from NY state and when we have no income we can claim for medical assistance program for all medical bills....I have got proofs for that...like renewed letters for each year...Even on that it clearly says that I am depending on my dad's income, as I am not working/earning any income, they renewed my medical assistance...
Is that good or bad? :confused:

They ask for 30 months of physcial presence and continous residency in the United States and I have met all that requirements....I have got my greencard renewed in year 2005, which means i am still a permenant resident of the United States....then how can they deny my continous residency??? :(
 
m_abraham12 said:
I asked my dad abt this...He says when he applied for tax returns previous years he had given my name for tax claims as he has shown me as his dependent...he has got all documents with him...Do you think that will count???
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So now I'm really confused. You are married, but your father is claiming you as a dependent on his tax return? Hmmm, well I'm no tax expert, but that sounds fishy to me.

m_abraham12 said:
They ask for 30 months of physcial presence and continous residency in the United States and I have met all that requirements....I have got my greencard renewed in year 2005, which means i am still a permenant resident of the United States....then how can they deny my continous residency??? :(
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The CFRs and USCIS guidelines clearly state the burden of proof rests with the applicant. If you fail to prove - to USCIS's satisfaction - that you did not interrupt your residency, they can and will deny your application.

Also, retaining and/or renewing your GC does not in any way imply or prove continuity of residency. The rules for retaining a GC are far more relaxed than those for naturalization.
 
I havnt disrupted my residency at any point in the last 5 years...tht i can show them on my passport...i have re-entered the country in less than 6 months as the US law require...then how can they deny my continous residency...on wht grounds can they do that? they require 914 days of physical presence ...if i satisfy those two requirement then how can they deny it?

Also can u please tell me where they ask for these tax return claims..Is it on the application form? i have been searching on the UCIS website...but for some reason i cannot see anything regards tax returns...It doesnt come under general requirements, does it?
 
Tax returns are not required, but they can prove that you did not abandon your residency. In order to make sure that you did not abandon your residency, the Officer has the right to ask for any supporting documents. The most common documents they ask are: Tax Returns, rent/mortgage, utilities, bank statements and the like.

When I went for my interview, the officer asked for my ID, I gave him my drivers' license. Because there was a different state on it, he requested my tax reurns. All he needed was the most recent tax return from Wshington, D.C. to prove that I am currently residing there.

Supporting documents are important. Most officers don't ask for them if your case is crystal clear. But if there are problems, they ask for them. In your case, supporting documents are very important, the more you can provide, the better.

I wish you luck,

Newly
 
You have not shown that you ever established permanent "residency" in the US. You never had (?) a lease, a house or anything to show you maintained residence in the US while "visiting" overseas. The supporting documents you say you have indicate living outside the US permanently while making occassional entry to the US on short visits. In the absence of tax returns how will the IO know you wont be a burden on US citizens? Further just visiting occassionally has never been OK to get citizenship. I suggest you get a lawyer's advice on this. If I was the IO, based on the facts stated I would have a tough time approving your application.


m_abraham12 said:
I havnt disrupted my residency at any point in the last 5 years...tht i can show them on my passport...i have re-entered the country in less than 6 months as the US law require...then how can they deny my continous residency...on wht grounds can they do that? they require 914 days of physical presence ...if i satisfy those two requirement then how can they deny it?

Also can u please tell me where they ask for these tax return claims..Is it on the application form? i have been searching on the UCIS website...but for some reason i cannot see anything regards tax returns...It doesnt come under general requirements, does it?
Click to expand...
 
You have not shown that you ever established permanent "residency" in the US. You never had (?) a lease, a house or anything to show you maintained residence in the US while "visiting" overseas. The supporting documents you say you have indicate living outside the US permanently while making occassional entry to the US on short visits. In the absence of tax returns how will the IO know you wont be a burden on US citizens? Further just visiting occassionally has never been OK to get citizenship. I suggest you get a lawyer's advice on this. If I was the IO, based on the facts stated I would have a tough time approving your application.


m_abraham12 said:
I havnt disrupted my residency at any point in the last 5 years...tht i can show them on my passport...i have re-entered the country in less than 6 months as the US law require...then how can they deny my continous residency...on wht grounds can they do that? they require 914 days of physical presence ...if i satisfy those two requirement then how can they deny it?

Also can u please tell me where they ask for these tax return claims..Is it on the application form? i have been searching on the UCIS website...but for some reason i cannot see anything regards tax returns...It doesnt come under general requirements, does it?
Click to expand...
 
I am US resident with Green Card. Last five years I was studing abroad in my home country, because it was cheaper than in the USA. I wasn't worth to pay for US univerity. I was comming back to the US every 5 months to meet my family - my father and mother lives in the USA for year. We live 12 years at the same address, I have checking account, credit cards, driving license, tax statments. Now I am comming back to the USA for good with my graduate diploma.

Can I file for the N400? Will they say sth to my absent phisical present in the USA? I had strong ties to the USA - parents and whole my properties. I paid taxes every year. My whole life is in the USA. I registered for Selective Service..

What can be consequences of denied citizenship, because of no phisical present n the last 5 years? Can it somehow for the future impact my next application or I will just loose money ??


How can you see my chances? I live in the New York City.
 
hey thrix,
You need to have spent a total of at least 913days (2 1/2 years) in the U.S. during the 5 year period preceding the filing of your citizenship case.
As far as i know thts wht the law requires...If you want you can seek advice from a lawyer....
 
thanx everybody for your opinions....
I guess i need to figure out abt these tax filings or other supporting documents with a lawyer....I am really upset now...i waited all these years and have been away from my husband for almost 20 months to meet with the US laws & regulations for citizenship filing...
I cant believe they can just deny my eligibility for such reasons....I will try my best to collect all the supporting evidences for proving my residency as u guys suggested...rest is upto god....
thanks again...
 
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