Filing citizenship application on month end - need help

[njtomumbai]

Hi,

I am planning to file my citizenship application this monthend. I am working from Mumbai since October 2008. In the mean while, to keep my GC active, i am making trips to US every 5 months. Visiting again on July 28th (for 2 days). So, I have few questions. Please help me in this regard. I got my GC on sep 21st, 2004 (still 2 months left for 5yrs).
Stayed more than 40months in USA as per requirements.

1. In my citizenship application, what address i have to use as current address ? Do I need to use present India address (i.e Mumbai) or use friends's address in USA. If I use India's address, where will i get my finger print notifications etc.?
In addition, Indian address will raise any flags or is it ok ?

2. Coming to my employment details, do I need to mention exact date of joining each of my previous employer or is it ok if I mention just the month and year?

3. Do I need to mention my traffic tickets? Only 1 time, I got a $50 ticket for crossing the line near the signal in last 10yrs. Nothing else.

4. If I file my citizenship application (say on July 29th), within howmany days I will get finger print notice. If I get the notice 15 days, Do I need to come once again for finger prints or can i postpone that ? As you know, it will be too expensive in getting a flight ticket on a short notice. Due to, to my job nature, I cannot travel too often. Please give your opinion on how to handle my scenario. Basically, I do not want to visit USA in next 3 months. After my assignment, I will move back to USA.

In addition, I appreciate if anyone of you gives me useful information that I need to keep in mind while filing.

Thanks in advance.

 

[NewRunner]

I am planning to file my citizenship application this monthend. I am working from Mumbai since October 2008. In the mean while, to keep my GC active, i am making trips to US every 5 months. Visiting again on July 28th (for 2 days). So, I have few questions. Please help me in this regard. I got my GC on sep 21st, 2004 (still 2 months left for 5yrs). Stayed more than 40months in USA as per requirements.

There are three general residency-related requirements for naturalization based on 5-year LPR: 1) Continuous presence for 5 years; 2) Physical presence for 30 months; and, 3) USCIS district or U.S. state residency for 3 months immediately prior to filing the application. In your case, you have fulfilled the physical presence requirement, but you may not have a clear-cut case for having fulfilled the 5-year continuous residence requirement and it does not appear that you have a case for the 3-month district/state residency requirement.

The issue of living abroad and returning to the U.S. for a short period of time "to keep my GC active" only works up to a point. It may keep your GC active, but it may not meet the 5-year continuous residency requirement for naturalization. The USCIS IO could consider your living abroad since Oct 2008 (now a period that exceeds six months) a break in continuous residence, that a 2-day visit back to the U.S. will not repair. However, if you have maintained a residence in the U.S., are working for a U.S. employer abroad, and if filed an N-470 petition to "preserve continuous residency for naturalization purposes" before you left for your job abroad, then you could make a case that you have met this requirement.

The 3-month district/state residency requirement does not necessarily have to mean physical presence, but you would need to demonstrate that you are a resident of the jurisdiction from which you are applying for naturalization. So if you maintained a U.S. residence, paid taxes, etc. within a U.S. state for three months prior to filing your application, you could make a case for having met this requirement also.

1. In my citizenship application, what address i have to use as current address ? Do I need to use present India address (i.e Mumbai) or use friends's address in USA. If I use India's address, where will i get my finger print notifications etc.? In addition, Indian address will raise any flags or is it ok ?

If your friend's residence is not your residential address and you cannot prove that you have maintained a residence in the U.S., then you would be taking a big risk with your application if the IO asks you to provide evidence of U.S. residence.

Providing an India-based address, without evidence of U.S. residency, or without an approved N-470, could be grounds for denying your application.

2. Coming to my employment details, do I need to mention exact date of joining each of my previous employer or is it ok if I mention just the month and year?

Month and year is fine.

3. Do I need to mention my traffic tickets? Only 1 time, I got a $50 ticket for crossing the line near the signal in last 10yrs. Nothing else.

My personal opinion is that you do not need to declare such a traffic ticket on your application. However, you can mention it to the IO during the interview. Chances are good that it won't come up at all, and even if it does, it will not be an issue.

4. If I file my citizenship application (say on July 29th), within howmany days I will get finger print notice. If I get the notice 15 days, Do I need to come once again for finger prints or can i postpone that ? As you know, it will be too expensive in getting a flight ticket on a short notice. Due to, to my job nature, I cannot travel too often. Please give your opinion on how to handle my scenario. Basically, I do not want to visit USA in next 3 months. After my assignment, I will move back to USA.

In my opinion, you are not in a good position to apply for naturalization because you do not have a strong case to prove that you have met the 5-year continuous residence requirement. You have been absent from the U.S. for more than six months, and despite a return to the U.S. for 2 days, there is strong grounds to say that you have broken continuous residence.

If you can provide more information about whether you maintained a U.S. residence or filed an N-470 before you left, then the rest of your questions become relevant.

 

[Jackolantern]

If you are still living and working outside the US during the naturalization process, denial is very likely unless you have an N-470. And even though you may have been able to preserve your green card by returning to the US for a short stay once every 5 months, for naturalization they are more strict about it and a string of 3 or 4 back-to-back trips of 5 months each is also likely to result in denial. There is a 95% chance you'd be wasting your time and money by applying now, considering your circumstances.

4. If I file my citizenship application (say on July 29th), within howmany days I will get finger print notice. If I get the notice 15 days, Do I need to come once again for finger prints or can i postpone that ? As you know, it will be too expensive in getting a flight ticket on a short notice. Due to, to my job nature, I cannot travel too often. Please give your opinion on how to handle my scenario. Basically, I do not want to visit USA in next 3 months.

You need to be in the US for fingerprints, interview, and oath. That's three trips you need to take (unless they have same day oath in your jurisdiction). The fingerprint appointment may be as little as 1 week notice. You'll probably get at least 2 or 3 weeks notice for the interview and oath.

 

[formerf1]

Basically, I do not want to visit USA in next 3 months. After my assignment, I will move back to USA.

I appreciate if anyone of you gives me useful information

Thanks in advance.

Then best to wait till you move back before applying. What is the urge to apply now and risk denial, since you're coming back soon?

 

[saf]

Hi,

I am planning to file my citizenship application this month end. I am working from Mumbai since October 2008. In the mean while, to keep my GC active, i am making trips to US every 5 months. Visiting again on July 28th (for 2 days). So, I have few questions. Please help me in this regard. I got my GC on sep 21st, 2004 (still 2 months left for 5yrs).
Stayed more than 40months in USA as per requirements.

1. In my citizenship application, what address i have to use as current address ? Do I need to use present India address (i.e Mumbai) or use friend's address in USA. If I use India's address, where will i get my finger print notifications etc.?
In addition, Indian address will raise any flags or is it ok ?

If you intend to apply in the future for naturalization, absences from the United States for one year or more will generally break the continuity of your required continuous residence in the United States. If you intend to remain outside the United States for one year or more, you should file a Form N-470, Application to Preserve Residence for Naturalization Purposes.

So your application will be likely denied if you apply now using friend's address because you do not meet 5-year continuous residence requirement and you need to live within the district office's jurisdiction for 3 months. Your application will be still denied if you apply using India address unless you have an approved N-470 (It is not easy to approve N-470). Is your employer US-based company or US company?

2. Coming to my employment details, do I need to mention exact date of joining each of my previous employer or is it ok if I mention just the month and year?

Yes. it won't be a problem.

3. Do I need to mention my traffic tickets? Only 1 time, I got a $50 ticket for crossing the line near the signal in last 10yrs. Nothing else.

You need to disclose it on the application form, but you do not need to provide the proof of payment or court records or dmv records. Always tell the truth.

4. If I file my citizenship application (say on July 29th), within how many days I will get finger print notice. If I get the notice 15 days, Do I need to come once again for finger prints or can i postpone that ? As you know, it will be too expensive in getting a flight ticket on a short notice. Due to, to my job nature, I cannot travel too often. Please give your opinion on how to handle my scenario. Basically, I do not want to visit USA in next 3 months. After my assignment, I will move back to USA.

In addition, I appreciate if anyone of you gives me useful information that I need to keep in mind while filing.

Thanks in advance.

That would be very costly for traveling back and forth. It would be better if you move back to USA and stay in USA for awhile in order to meet immigration requirements for US citizenship, then apply for US citizenship. After you become a US citizen, you can apply for OCI/PIO to travel to work in India or travel back/forth without worrying about anything. It wouldn't take too long to become a US citizen. (4-9 months).

1) Can you work from home in USA for your company in India?
2) Is your employer a US-based company? It would be helpful for N-470. N-470 is for a permanent resident alien who must leave the United States for certain employment purposes and wishes to preserve his/her status as an immigrant in order to pursue naturalization.
3) Were you sent to work in India for US company in USA? It would be helpful for N-470. If you were sent to work in India, make sure to provide a proof letter for N-470.

 

[Mothla]

There are three general residency-related requirements for naturalization based on 5-year LPR: 1) Continuous presence for 5 years; 2) Physical presence for 30 months; and, 3) USCIS district or U.S. state residency for 3 months immediately prior to filing the application. In your case, you have fulfilled the physical presence requirement, but you may not have a clear-cut case for having fulfilled the 5-year continuous residence requirement and it does not appear that you have a case for the 3-month district/state residency requirement.

The issue of living abroad and returning to the U.S. for a short period of time "to keep my GC active" only works up to a point. It may keep your GC active, but it may not meet the 5-year continuous residency requirement for naturalization. The USCIS IO could consider your living abroad since Oct 2008 (now a period that exceeds six months) a break in continuous residence, that a 2-day visit back to the U.S. will not repair. However, if you have maintained a residence in the U.S., are working for a U.S. employer abroad, and if filed an N-470 petition to "preserve continuous residency for naturalization purposes" before you left for your job abroad, then you could make a case that you have met this requirement.

The 3-month district/state residency requirement does not necessarily have to mean physical presence, but you would need to demonstrate that you are a resident of the jurisdiction from which you are applying for naturalization. So if you maintained a U.S. residence, paid taxes, etc. within a U.S. state for three months prior to filing your application, you could make a case for having met this requirement also.



If your friend's residence is not your residential address and you cannot prove that you have maintained a residence in the U.S., then you would be taking a big risk with your application if the IO asks you to provide evidence of U.S. residence.

Providing an India-based address, without evidence of U.S. residency, or without an approved N-470, could be grounds for denying your application.



Month and year is fine.



My personal opinion is that you do not need to declare such a traffic ticket on your application. However, you can mention it to the IO during the interview. Chances are good that it won't come up at all, and even if it does, it will not be an issue.



In my opinion, you are not in a good position to apply for naturalization because you do not have a strong case to prove that you have met the 5-year continuous residence requirement. You have been absent from the U.S. for more than six months, and despite a return to the U.S. for 2 days, there is strong grounds to say that you have broken continuous residence.

If you can provide more information about whether you maintained a U.S. residence or filed an N-470 before you left, then the rest of your questions become relevant.

Hi, I have a question specificly about "The 3-month district/state residency requirement". I meet all requirements for naturalization.
I have lived in San Francisco for 16 years. I took 178 days trip out of US and just came back on June 22nd, 2009 to San Francisco. I had my apartment before the trip and can prove it (I have bills etc.), but I did not keep the apartment while I am away from US. I live in my friend's house now until getting my new place. I kept my bank account and credit cards accounts with my friend's San Francisco address while I was away. Can I file N-400 now or I have to wait at least 3 months, i.e. until September 22nd? Or, I have to get my new apartment (to receive bills, etc) and apply after 3 months? I really need to clear this question to apply. I appreciate your help!

 

[vdostoi1]

Hi, I have a question specificly about "The 3-month district/state residency requirement". I meet all requirements for naturalization.
I have lived in San Francisco for 16 years. I took 178 days trip out of US and just came back on June 22nd, 2009 to San Francisco. I had my apartment before the trip and can prove it (I have bills etc.), but I did not keep the apartment while I am away from US. I live in my friend's house now until getting my new place. I kept my bank account and credit cards accounts with my friend's San Francisco address while I was away. Can I file N-400 now or I have to wait at least 3 months, i.e. until September 22nd? Or, I have to get my new apartment (to receive bills, etc) and apply after 3 months? I really need to clear this question to apply. I appreciate your help!

3-month district residence is not a clear-cut term but generally it is a place where you consider yourself a resident and can prove that you are a resident of the district (you keep your apartment there, pay bills, have a driver's licesne, etc.) Also, if the nature of your trip abroad was temporary, then you did not abandon your district residence and can safely apply. However, bring as much paperwork to show that your trip abroad was temporary as possible.

 

[njtomumbai]

If you intend to apply in the future for naturalization, absences from the United States for one year or more will generally break the continuity of your required continuous residence in the United States. If you intend to remain outside the United States for one year or more, you should file a Form N-470, Application to Preserve Residence for Naturalization Purposes.

So your application will be likely denied if you apply now using friend's address because you do not meet 5-year continuous residence requirement and you need to live within the district office's jurisdiction for 3 months. Your application will be still denied if you apply using India address unless you have an approved N-470 (It is not easy to approve N-470). Is your employer US-based company or US company?



Yes. it won't be a problem.



You need to disclose it on the application form, but you do not need to provide the proof of payment or court records or dmv records. Always tell the truth.



That would be very costly for traveling back and forth. It would be better if you move back to USA and stay in USA for awhile in order to meet immigration requirements for US citizenship, then apply for US citizenship. After you become a US citizen, you can apply for OCI/PIO to travel to work in India or travel back/forth without worrying about anything. It wouldn't take too long to become a US citizen. (4-9 months).

1) Can you work from home in USA for your company in India?
2) Is your employer a US-based company? It would be helpful for N-470. N-470 is for a permanent resident alien who must leave the United States for certain employment purposes and wishes to preserve his/her status as an immigrant in order to pursue naturalization.
3) Were you sent to work in India for US company in USA? It would be helpful for N-470. If you were sent to work in India, make sure to provide a proof letter for N-470.

Hi,
See my replied below.

I did not file N-470 before coming. Before coming to India, I discussed with a lawyer too. He said, it's not a big deal.

1) Can you work from home in USA for your company in India?
I think it's not possible. I have to work from India only.

2) Is your employer a US-based company? It would be helpful for N-470. N-470 is for a permanent resident alien who must leave the United States for certain employment purposes and wishes to preserve his/her status as an immigrant in order to pursue naturalization.

Yes. My employer is US based financial firm. But, already 9 moths over. How can I file N-470 now. I would prefer to file citizenship. If I wait further, problem will increase but won't decrease.

3) Were you sent to work in India for US company in USA? It would be helpful for N-470. If you were sent to work in India, make sure to provide a proof letter for N-470.[/QUOTE]
Yes. I moved to India on assignment (i.e On US company's request ) to work in the same organizatio in India.

Please let me know, still any suggestions from your end.

 

[njtomumbai]

There are three general residency-related requirements for naturalization based on 5-year LPR: 1) Continuous presence for 5 years; 2) Physical presence for 30 months; and, 3) USCIS district or U.S. state residency for 3 months immediately prior to filing the application. In your case, you have fulfilled the physical presence requirement, but you may not have a clear-cut case for having fulfilled the 5-year continuous residence requirement and it does not appear that you have a case for the 3-month district/state residency requirement.

The issue of living abroad and returning to the U.S. for a short period of time "to keep my GC active" only works up to a point. It may keep your GC active, but it may not meet the 5-year continuous residency requirement for naturalization. The USCIS IO could consider your living abroad since Oct 2008 (now a period that exceeds six months) a break in continuous residence, that a 2-day visit back to the U.S. will not repair. However, if you have maintained a residence in the U.S., are working for a U.S. employer abroad, and if filed an N-470 petition to "preserve continuous residency for naturalization purposes" before you left for your job abroad, then you could make a case that you have met this requirement.

The 3-month district/state residency requirement does not necessarily have to mean physical presence, but you would need to demonstrate that you are a resident of the jurisdiction from which you are applying for naturalization. So if you maintained a U.S. residence, paid taxes, etc. within a U.S. state for three months prior to filing your application, you could make a case for having met this requirement also.



If your friend's residence is not your residential address and you cannot prove that you have maintained a residence in the U.S., then you would be taking a big risk with your application if the IO asks you to provide evidence of U.S. residence.

Providing an India-based address, without evidence of U.S. residency, or without an approved N-470, could be grounds for denying your application.



Month and year is fine.



My personal opinion is that you do not need to declare such a traffic ticket on your application. However, you can mention it to the IO during the interview. Chances are good that it won't come up at all, and even if it does, it will not be an issue.



In my opinion, you are not in a good position to apply for naturalization because you do not have a strong case to prove that you have met the 5-year continuous residence requirement. You have been absent from the U.S. for more than six months, and despite a return to the U.S. for 2 days, there is strong grounds to say that you have broken continuous residence.

If you can provide more information about whether you maintained a U.S. residence or filed an N-470 before you left, then the rest of your questions become relevant.

Hi,

Thanks for your reply. Actually I filed 2008 tax retruns as US resident (i.e residet of NJ ). But, I did not file N-470. And I've completed more than 40months of stay in 5yrs. So, where is the issue ? Very confusing laws ....

If I don't file now, def'ly I cannot file later. Any other suggestions ?

Thank you for your time and reply.

 

[warlord]

Hi,

Thanks for your reply. Actually I filed 2008 tax retruns as US resident (i.e residet of NJ ). But, I did not file N-470. And I've completed more than 40months of stay in 5yrs. So, where is the issue ? Very confusing laws ....

If I don't file now, def'ly I cannot file later. Any other suggestions ?

Thank you for your time and reply.

For starters, you need to realize that comming back for 2 days every 5 months or so is showing absolutley no ties to the US and that you are just trying to skirt the "general" 6 month stay outside thing. Immigration officers know people attempt this. If they see a pattern, they easily can determine that you are not only breaking your continous residency, but then you might have to really prove to them your US ties and intentions to preserve your Green Card...

 

[NewRunner]

Hi,

Thanks for your reply. Actually I filed 2008 tax retruns as US resident (i.e residet of NJ ). But, I did not file N-470. And I've completed more than 40months of stay in 5yrs. So, where is the issue ? Very confusing laws ....

If I don't file now, def'ly I cannot file later. Any other suggestions ?

Thank you for your time and reply.

Yes, I realize some of these rules and regulations can be confusing, but in your case the issue is relatively straightforward. If you are outside the U.S. for a period greater than 6 months, you are presumed to have broken your period of continuous residency. A 2-day return trip to the U.S. to preserve your green card eligibility does not necessarily preserve your eligibility for naturalization. The only way to preserve continuous residency in your case would have been to have the approved N-470 in hand before you left.

Naturalization requirements for residency and physical presence are:

I) 5 years of continuous residence - by living outside the U.S. for more than 9 months, without an approved N-470, and without constant ties to a residence in the U.S., you have broken this continuous residence requirement. Your two-day return trip to the U.S. means little in the context of naturalization.

II) 30 months of physical presence - you have met this requirement.

III) 3 months of USCIS district/U.S. state residency requirement - you have not met this requirement.

All three of these requirements have to be met. The only one that is waivable is the 3 month district/state requirement and it is only waivable for military naturalization applicants.

Your best bet for applying for naturalization is to apply when you return to the U.S. on a permanent basis.

 

[Mothla]

3-month district residence is not a clear-cut term but generally it is a place where you consider yourself a resident and can prove that you are a resident of the district (you keep your apartment there, pay bills, have a driver's licesne, etc.) Also, if the nature of your trip abroad was temporary, then you did not abandon your district residence and can safely apply. However, bring as much paperwork to show that your trip abroad was temporary as possible.

Thank you for your comment. I will take your comment seriously and may wait for 3 months to be in safer side. Sounds like it is quite gray especially in my case.

 

[coolguy446]

Quoting from N-470 form:

You should use Form N-470 if you are a lawful permanent resident (permanent resident) who will be absent from the United States for more than one year due to qualifying employment and you want to preserve your residence fornaturalization purposes.

Please note that in most cases you must have been physically present and residing in the United States for an uninterruptedperiod, without any absences whatsoever, for at least oneyear after your admission as a lawful permanent residentbefore you can file a Form N-470.

You do not have to be in the United States to file Form N-470,but you must file it before you have been absent for acontinuous period of one year."

Quoting from N-400 guide:

You may keep your continuous residence if you have had at least 1 year of unbroken continuous residence since becoming a Permanent Resident and you get an approved Form N-470 before you have been out of the United States for 1 year.

So a person is eligible to file for N-470 if you reside in US for 1 year continuously (without any trips outside US during this 1 year period) after you become Permanent Resident. A person can file N-470 even if he or she is outside US but the stay outside US has to be < 1 year before the application and also the application needs to be approved before the stay outside US is < 1 year.