Continuous Presence question

E

eschmeling

New Member
Hi,

I received my green card (through diversity lottery) in 99, but until 9/01 I wasn't in the states on a continuous basis (i was a student in GErmany). I am now ready to apply for citizenship but not sure if I really do meet the Continuous presence requirement. How is this checked? Will it turn out to be a problem that I was not in the States continuously between 99 and 01? I would really like to apply ASAP, but I am not sure if I can or not. I also have no tax records for the years 1999-2001, since I did not work in the states or any other country and thus had no income to report.
Any input would be greatly appreciated!
 
eschmeling said:
Hi,

I received my green card (through diversity lottery) in 99, but until 9/01 I wasn't in the states on a continuous basis (i was a student in GErmany). I am now ready to apply for citizenship but not sure if I really do meet the Continuous presence requirement. How is this checked? Will it turn out to be a problem that I was not in the States continuously between 99 and 01? I would really like to apply ASAP, but I am not sure if I can or not. I also have no tax records for the years 1999-2001, since I did not work in the states or any other country and thus had no income to report.
Any input would be greatly appreciated!
Click to expand...
Use the worksheet in the Natiralization Guide to check if you qualify for applying. You can dowload the guide from CIS website.
 
A LPR has to file US taxes for his worldwide income. You were a LPR as you had the immigrant visa.

Filing taxes is a requirement for a LPR. You can still file for those years, but if you had income in Germany it is taxable in the US because you were a LPR at that time. If you had absolutely no income ( any country of origin), then you're "fine" : just file your taxes late...
Becasue it is very likely that you will be asked for your tax returns during your interview.
You said you really came in Sept 01, so you filed taxes for 2001. You have to file late for 1999 and 2000, with plenty of zeros.
However, people are often only asked for the last 3 returns, so you will be somewhat ok not to file late for 99 and 00. Read people's experiences for citizenship in your area to make sure.

Did you file for a reentry permit when you were in the States and before leaving to study in Germany?

If you filed for a reentry permit, then it adds time for you to get the citizenship ( see USCIS website for details).

If no reentry permit : In the process, it is possible that nobody will notice that you were not permanently in the States. However, if for some reason they ask for proof of your education level, then you're screwed as they'll see it is from Germany.

Also, for a LPR, you have to wait 4 years and 9 months before applying for citizenship ( if continuous presence test is met ) which seems to be your case anyway : you were granted LPR in 99, but truly came only in 01, now we are in 06.
 
eschmeling said:
Hi,

I received my green card (through diversity lottery) in 99, but until 9/01 I wasn't in the states on a continuous basis (i was a student in GErmany). I am now ready to apply for citizenship but not sure if I really do meet the Continuous presence requirement. How is this checked? Will it turn out to be a problem that I was not in the States continuously between 99 and 01? I would really like to apply ASAP, but I am not sure if I can or not. I also have no tax records for the years 1999-2001, since I did not work in the states or any other country and thus had no income to report.
Any input would be greatly appreciated!
Click to expand...

Hi there!

I am in a similar boat. Won my GC in 1999, was still at full time student in Germany at the time.

First question: As you did not spend much time in the U.S. while you studied in Germany, did you apply for a reentry permit BEFORE you went back to Germany? This seems to be relevant to your case.

I had secured one before I left in early 2000 complete my studies. Therefore, I applied for U.S. citizenship 4 years and 1 day after I returned.

Taxes: In 1999, 2000, 2001 because I was focussed on my studies, I had ZERO income. No income in the U.S. and no income in Germany. I have a letter from the IRS dating to mid 2000 that states that if one's income is below (I do not remember off hand) a certain about (I think 7,500) you are not required to file. I also have a written affidavit from my parents that they covered all of my expenses while I was temporarily in Germany to complete my studies. Particularly for 2001, when I was not in the U.S. at all.

For the interview, I have my IRS tax transcripts for 2002, 2003, 2004 and 2005..which covers the time I was in the U.S. after my temporary reentry permit trip.

For 2000/2001 I have the reentry permit, college papers and the affidavit mentioned above.

Cheers!
 
re-entry permit - never got one

Hmm, I never got a re-entry permit - I remember when I reentered after getting the gc for the first time, I told immigrations that I was still in Germany and they took me aside and said that I would need a reentry permit but then let me enter anyways without any further ado.

I really did not spend much time in the USA before moving here in late 2001 - before then it was just the yearly or half yearly trip to make sure I didn't lose the card.
Will this always be a problem, even if I do apply later in the year when I will have lived here 5 years?
 
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