Citizenship Eligibility Question.

userofimmi

Registered Users (C)
Hello All,

I am new to this forum and have the following question.

I got my PR on 04/01/01. In Apr '03, I moved to India to work there and returned to US in Jan '05. After moving to India, I visited US once in Feb '04. Can I apply for my citizenship now 90 days before 5 years of my PR? Even though I didn't stay for more than 1 year outside US, I stayed longer than 6 months two times after getting my PR.

I read that if we stay more than 6 months outside US, we need to show IRS tax returns (I did file my tax showing indian income) and also show US paystubs and proof of residence. I didn't have US income when I worked in India and I didn't have any residence for that period.

So my question is, what are the chances of getting citizenship if I apply now?

Thank you
 
Since you stayed abraod twice for more than 6 months, your chances of getting the citizenship based on the 5 yr minus 90 days are no better than 50%. USCIS officers question a whole lot more these days for stays aborad that are more than 6 months. If you say you moved abroad and worked there, it will not help you. All travel abroad has to be temporary in nature, with a clear purpose and clear expected date of return.

If you apply, but take all the paperwork as proof that you maintained the residence, bank accounts, utilities, etc. in the US and a logical and well document reasoning why your visit was longer than 6 months on two occasions. Just syaing you were working abroad is bad idea. Working abroad on a temporary assignment is different. It depends a lot on the discretion of an interviewing officer. If you don't get approved, you can always apply later with 5 yrs residence and no single trip abroad of > 6 months.

Good luck!
 
I forgot to mention, my company in US filed N-470 for me and it is approved. Would that help me in anyway?

Thanks
 
You can apply 90 days prior to the 5 yr anniversary of your GC as long as you meet the other criteria as well; such as 30 months of physical presence, etc. In your case, it may be better to hire an attorney and file the N-400.
 
but if you went abroad and stayed there for more than 6 months (or even less than 6 months), came back to the US for less than 2 weeks and went back (abraod), that doesn't really help, does it?
 
The following is from Document Checklist

If you have taken any trip outside of the United States that lasted for 6 months or more since becoming a Permanent Resident,
send evidence that you (and your family) continued to live, work, and/or keep ties to the United States, such as:
q An IRS tax return “transcript” or an IRS-certified tax return listing tax information for the last 5 years (or for the last 3 years if
you are applying on the basis of marriage to a U.S. citizen)
q Rent or mortgage payments and pay stubs.

What is IRS tax return "transcript" or an IRS-certified tax return listing tax information? How can I get that one? I didn't have a house or pay from US, but I did file tax returns every year.
 
Thanks JoeF, you are an asset to this forum.
BTW, as I have two trips longer than six months and less than one year, do I need these tranascripts when I send my N-400 or can I apply my N-400 now without these transcipts but request those transcritps now and keep them handy for the interview?

Thank you again for everything you do here.
 
The link you sent http://www.irs.gov/faqs/faq1-6.html says

Tax return transcripts are generally available for the current and past three years.

Looks like I need past 5 years of return trasnscipts. I read the FAQ but it doens't say anywhere how get the transcipts for past 5 years?
 
userofimmi said:
The link you sent http://www.irs.gov/faqs/faq1-6.html says

Tax return transcripts are generally available for the current and past three years.

Looks like I need past 5 years of return trasnscipts. I read the FAQ but it doens't say anywhere how get the transcipts for past 5 years?

i called the IRS 800# and requested past 7 yrs tax transcripts. I also requested past 7 yrs person accounts info. i did not know (and I guess I still don't know since I have not really looked at them since I got them) if i needed or not.
 
I received my n-400 NOA as 'Receipt with Exception' and also says the following.

The above applicaiton has been received by our office and is in process, but has been noted with one or more of the following exception(s);
Missing Evidence(s)-your application was missing evidence(s) that you will need to provide at the time of your naturalization interview. You will be notified under separate notice of the necessary evidence(s) that you will be required to bring to your interview. Do not submit any evidence(s) by mail.

The only issue I can think of is I was out of country (on company assignment) for 8 months once and 11 months second time but my company applied n-470 and I have it approved. I remember reading somewhere in N-400 document that I need to submit transcript for the last 5 years (as I stayed for longer than 6 months) but I didn't submit those transcripts along with my application.

Could it be anything else?

Thank you
 
Whish is the date that GC issuance count?

I Received my GC last July 2011 and it is valid for 10 years. The GC says: "Resident since (Month) 2007". I guess my question is: Can I apply for Citizenship five years from 2007 or I need to count the actual date of issuance of my GC as 2011?
 
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I Received my GC last July 2011 and it is valid for 10 years. The GC says: "Resident since (Month) 2007". I guess my question is: Can I apply for Citizenship five years from 2007 or I need to count the actual date of issuance of my GC as 2011?

It appears that you were a conditional resident first with a 2 year card initially and then got conditions removed. When conditions are removed ALL the time is counted for naturalization purposes per INA 216(e).

(e) Treatment of Period for Purposes of Naturalization.-For purposes of title III, in the case of an alien who is in the United States as a lawful permanent resident on a conditional basis under this section, the alien shall be considered to have been admitted as an alien lawfully admitted for permanent residence and to be in the United States as an alien lawfully admitted to the United States for permanent residence.
 
WHen can i get citizenship?

OK, I was legally on a H1B VIsa (business Visa), and then started the 1485 process, based on a company sponsorship, That was in 2007. Last July 2011, I got my GC for 20 years, but on the date it says: "Residente since June 2007") My question is : Can I apply for Citizenship next year, five years afetr 2007 or I need to count the actual date of issuance of my GC which is as of July 2011 ? Thank you for all your answers!
 
OK, I was legally on a H1B VIsa (business Visa), and then started the 1485 process, based on a company sponsorship, That was in 2007. Last July 2011, I got my GC for 20 years, but on the date it says: "Residente since June 2007") My question is : Can I apply for Citizenship next year, five years afetr 2007 or I need to count the actual date of issuance of my GC which is as of July 2011 ? Thank you for all your answers!

There is no such thing as 20 year greencard. Was it 2 or 10?

What is the code on the card?
 
OK, I was legally on a H1B VIsa (business Visa), and then started the 1485 process, based on a company sponsorship, That was in 2007. Last July 2011, I got my GC for 20 years, but on the date it says: "Residente since June 2007") My question is : Can I apply for Citizenship next year, five years afetr 2007 or I need to count the actual date of issuance of my GC which is as of July 2011 ? Thank you for all your answers!

Then why did you say this: http://forums.immigration.com/showthread.php?325071
I was granted Asylum and after one year submitted I485. Paperwork was received on Jan 2011 by USCIS and their website states that it will take 4 months to be granted. One month ago I got notice that my file has been transfered to Missouri (Lee's Summit Office) and then a week later another notice letting me know it was transferred to a Field Office. Last week, I received a notice letting me know that my appointment was during the first week of July, and last night got on the mail another Notice of Action letting me know that the appointment for July was cancelled due to "unforeseen circumstances". Is it good news or bad news? SHould I expect any problem?

How exactly did you get your green card? Were you granted asylum, and then applied for and were granted an employment-based green card?

When did you file the I-485? If you filed an employment-based I-485 in 2011, the green card is in error if it says "resident since 2007".
 
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