Continuous Residence: Please Help

K

krg

Registered Users (C)
Dear Friends,

I am trying to put together a N-400 application for my sister. However, I cant seem to resolve nor can she whether she is eligible or not.

Many many thanks ! Details below. krg.

DETAILS:

GC date: 7/94.
Stayed in US and returned to India on 6/98.

Returned to US 8/2/99
Resided (and payed taxes) in US since.
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I think she is eligible on 8/3/03. Reason: the last 364 days count in the visit to India. I based this on the example-worksheet in the "Guide to Nat." .

My sister on the other hand, thinks it is not possible, because the worksheet clearly prents her from being eligible.

Thanks again!
 
If everything else is in order, then she should be able to apply for naturalization 4 years and 1 day after coming back to the US from that 14-month trip.

Did she file her income taxes when she was away because that issue could very well come up during the interview. The other issue is that she would most likely have to prove that she did not intend to abandon her permanent residency when she left for that long trip. It shouldn't be a problem if she had a re-entry permit with her then.
 
thanks gabby!

she did have a re-entry permit, though not a "application to preserve residence" during the period for which she was away.

as for taxes prior to departure to india, she was young enough not to work from 94-98.

krg.
 
It's good that she had a re-entry permit with her. You mentioned that she was not required to file her taxes prior to the trip. However, did she file her taxes when she was away in 1999? She would have been required to do so if she had any income, both foreign and domestic, that year.
 
krg

My advice is that you should consult with a good layer.

On my interview date , I saw one guy had problem with physical presence in the USA.

Officer asked him to withdraw the application on interview, otherwise officer will deny the application.
The guy withdrew the N-400 application & he has to start over again the N-400.

Do you know how much time he lost .......a lot.........my question is that why INS did not tell him at first when he filed the N-400, in this way he could save his time.

So, do not take a chance.......just wait couple of months & apply N-400 .

INS is now more strict than ever........be aware of that.
 
I am under a similar situation and have applied 4 yrs and 1 day after my GC date. I confirmed this with a lawyer too and they said that I am elgible to apply...Still waiting for an interview call..
 
Hi JoeF,

Thanks for the writeup. Makes things real easy.

However, here is the reason I posted the problem (think I mentioned it in my first request for help).

The Naturalization booklet does explain the 4plus1day and 5minus3months scenarios. However, the booklet also comes with a "WorkSheet".

Now, the worksheet at some point asks, "Have you been outside the US for longer than 1 year". You answer Yes. It asks then "Did you file to preserve residence?". You say No, and the worksheet requests you to go do better things!

On the other hand, there is a "worked out example" for a person who holds a ReEntry permit where there is no mention whatsoever of the requirement to preserve residence (basically the 4plus1day scenario). Why is this not considered in the "WorkSheet"?

BOTTOMLINE Q: What takes precedence, the WorkSheet or the Booklet?

Thanks, KRG.
 
Hi JoeF,

Many thanks again!

In your opinion, based on the following, could the person apply for Naturalization as of today (taking credit for 364 days, and 3 months as well)?

GC date: 7/94.
Stayed in US and returned to India on 6/98 (Had a valid reentry permit alongwith).

Returned to US 8/2/99
Resided (and payed taxes) in US since.
 
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