I need Help with applying citizenship !!!!

P

peacenluv888

Registered Users (C)
Hi, everyone
Please help me with couple questions.
I know some of the question might be very stupid, but I just need to confirm if I understand it correct. :confused:

1. When can I start to apply citizenship.
I got my Green Card since 03/09/04
and I have been living in the States, but i visited my native country every
summer and winter vacation.

2. My brother receive his green card before he was 18, does he still need to
register Selective Service? Is there any way that he doesn't have to
register it?

3. My brother now is going to school in Switzerland. Will it be any problem
to be accepted as citizen?

4. Since my brother is in Swiss, can I put my address as his home address,
even he has neved lived with me? cause I hope we can go to interview
together. When he was in U.S, he lived in other state,, does he has to
send his N400 to the state's USCIS service center? Or, we can apply
together.

Thanks for all your patient to read this. I really appreciate.
And I want to thank in advance to whoever help me with my question.

thanks
 
1. You can apply at 90 days before 3/9/09 (5 years minus 90 days since acquiring your green card). But how much time are you spending in your native country each year since obtaining your green card?

2. He needs to register if he is still under 26. Automatic Selective Service registration was included as part of the green card process in recent years, but they didn't register him because he was under 18.

3. Yes, it may be a problem depending on how much time he is spending outside the US each year. He also may risk losing his green card, especially if he spends more than a year straight outside the US without a reentry permit.

4. It is very unlikely you will get the same interview date. You are not husband and wife, and even married couples often don't get it on the same date. It is not like a green card in which family members are often tied together. His address for N-400 purposes is wherever he regularly stays when he is in the US (which I presume is your parents' house?) ... which would NOT be your place.
 
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So, I will be able to apply around end of this year, right?
Each year, I stayed in my native country for no more than 5 monthes, is it ok?

Even my brother goes to school in Swiss, he will come back to the States every 5 monthes.
While he was in U.S, he had been lived in dorm, so I guess I can't use that address.

I lived in Ohio, and he was in MA.
So, should I send my file to Ohio's service center, and his to MA's service center??

thank you.
 
First thing you should do is read USCIS M-476 Guide to Naturalization - its gives you the basic qualification criteria and when/how to apply. Then read USCIS N-400 Instructions, which gives additional information for filling in the application form.

Make sure you are prepared to prove that you really do reside permanently in the US and only visit your native country, rather than the other way around.

Your brother is going to have a more difficult time, due to his longer absences from the US. He will need to make sure he meets the requirements of physical presence, continuous residence, and the (mostly unwritten) rules governing intent. To be successfully approved, he will not only need to be registered for selective services, but he will need to demonstrate that he is only studying abroad temporarily, and has very close ties and/or dependence on his immediate family (parents) who remain behind in the US.
 
peacenluv888 said:
So, I will be able to apply around end of this year, right?
Each year, I stayed in my native country for no more than 5 monthes, is it ok?
Click to expand...
No more than 5 months total for the whole year? Or no more than 5 months each trip (e.g. two trips of 5 months each)? There's a big difference.
Even my brother goes to school in Swiss, he will come back to the States every 5 monthes.
Click to expand...
How much time is he spending within the US each year? If he is spending less than 6 months each year inside the US, he will fall into that gray area where anything could happen including denial. He should wait until completing his studies and returning to the US before applying (unless he doesn't mind the risk of getting denied) ... preferably 6-12 months after returning to the US, to make a stronger claim that the time overseas was just temporary.
 
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boatbod said:
Make sure you are prepared to prove that you really do reside permanently in the US and only visit your native country, rather than the other way around.
Click to expand...

This is what I was wondering about too...not specifically in this case, but in general, why do people spend SO much time outside US? "visiting" their native country, etc?
It does make it look like one really doesn't have much to do with US, and is just interested in becoming a citizen; to me personally, it's no surprise that such conduct raises questions about the genuiness of the case...
I mean, why stay outside US (not meaning people who study in another country) so much? on a lot of cases I've seen here, and I've personally known, it looks like one stays outside US pretty much all the time he/she possibly can, and stays the min. amount of time in US, just enough to qualify.
what's the point of becoming a citizen then?
 
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Washburn27 said:
This is what I was wondering about too...not specifically in this case, but in general, why do people spend SO much time outside US? "visiting" their native country, etc?
It does make it look like one really doesn't have much to do with US, and is just interested in becoming a citizen; to me personally, it's no surprise that such conduct raises questions about the genuiness of the case...
I mean, why stay outside US (not meaning people who study in another country) so much? on a lot of cases I've seen here, and I've personally known, it looks like one stays outside US pretty much all the time he/she possibly can, and stays the min. amount of time in US, just enough to qualify.
what's the point of becoming a citizen then?
Click to expand...

I too can understand overseas study, and taking care of a sick relative, but many people do like pushing the boundaries. Some IOs are really hot for this sort of thing, and others apparently are rather laid back...
 
We are not trying to puch the boundaries.
We just want to spend time with our parents and families when we can.
After we finish school life, and start working, we won't have that much time as student to see our families.

I am trying to get help here, not to be judged.
Thank you very much.
 
Jackolantern
Thanks for your reply.
We stay outside of U.S. no more than 5 months total for the whole year.
My brother for sure won't be able to stay in U.S. for 6 months while he is studying overseas.

However, thanks for your suggestion!!
 
Chill. Judgment is part of the help. He was trying to tell you to be prepared in case the officer gives you a hard time.
For your brother, what is his state of residency? They may ask about it during interview. If you are not living in the same state and you file in the same state that might become an issue. (they may ask you to prove you have state eligibility criteria)
Criteria is simple. 30 months continues residency. No travel more than 6 months. You can apply 90 days before the actual 5 years (doesn't hurt to give it a day or two).

A website to help you to find exact time: http://www.timeanddate.com/date/dateadd.html

You need to have no weird stuff in your case for the last five years.

Even though you jumped at Boatbod on what he said, but I am totally agree, because some of the officers bring any excuse on this planet to deny your case or throw some rocks on your way.

Good Luck
 
Nimche

Thanks for your reply very much.
And, the website is very helpful ^^

My brother was living in MA, but in dorm. So, I was not sure whether I can use that address or not.
Our parents are not living in the States with us, so we don't have a "home" address or a permananet address, especially now he is studying oversea, I will be the only person to receive his letters.
Thus, I was thinking to apply together from OH.

Hope i make it clear enough! thank you.
 
No travel more than 6 months.
Does it mean a trip outside the states can't be 6 months or longer?
Or, the total time in a year not in the States is no more than 6 months.

thank you.
 
peacenluv888 said:
No travel more than 6 months.
Does it mean a trip outside the states can't be 6 months or longer?
Or, the total time in a year not in the States is no more than 6 months.
Click to expand...
If a single trip is over 6 months, it is presumed that you broke continuous residence, and the burden of proof is on you to convince the interviewer that you didn't.

If each trip is under 6 months, but you have a pattern of taking multiple trips close together and spending more total time outside the US each year than inside, it doesn't create an automatic presumption, but it still potentially creates a subjective impression of breaking residence, and the result will depend on how the IO looks at all the facts and how well you present your case.

My brother was living in MA, but in dorm. So, I was not sure whether I can use that address or not.
Our parents are not living in the States with us, so we don't have a "home" address or a permananet address, especially now he is studying oversea, I will be the only person to receive his letters.
Click to expand...
With all his long trips and being unable to show a definite fixed residence in the US, your brother has a very weak case unless he waits until after completing his studies and returns to the US for at least 6-12 months before he applies. There isn't much use in applying "together", as your applications will be processed separately and it is unlikely that you and he will be given the same interview date.
 
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