N400 application concerns

S

Sri@123

New Member
Hi

we want to file for citizenship for my parents from san Jose area and would like to know if anyone has any inputs on our situation.

1. The 5 year GC validity is completed this year by april and they are eligible to Apply for citizenship. However, during their recent travel outside usa, they weren’t able to comeback to usa within 6 months because of lockdown situations in india and it was extended to 8 months….We have proof that they intended to comeback as we had to postpone ticket 3 times due to no flights.

2. They are in the country from 9-10 months but not in California (state applying for Citizenship from)as they were traveling to visit other kids in usa. Can they apply for citizenship now after 4 weeks of stay in California? What kind of proof will need to be provided for the 3 months stay in the district of application?

3. is filing taxes a must for citizenship even if there is no income in india? Anyone applied without filing taxes?

4. Anyone in the recent times applied from the area know how long it takes for the entire process?

Any inputs are much appreciated.



thanks
 
You will not lose your residency for sure, however, there is a presumption of a break in a continuous residence that is required as per 8 USC 316.2 if you stay beyond 6 months. I am not sure if COVID can legally excuse this. I personally agree that it should, but not sure how the law will be interpreted. You need to stay for 3 months in a jurisdiction to establish residency except in narrow circumstances. If "visiting" means not moving, then any address proof such as a driver's license should be sufficient. If you do not owe taxes, technically it is not required to file taxes although it is encouraged to file zero dollar tax forms. I am not sure how USCIS will interpret not filing tax forms at all.
 
Hi Sri@123,

I had the same question. What did you end up doing for the IRS thing ? We are in same boat and am planning to attach a verbal explanation for why we didn't file taxes.

Also, any other information that you have regarding your parents' situation, could you please let me know as well ?

Are you planning to use some lawyer for filing ? Or planning to do it yourself ? I am doing it myself; but wondering whether I should seek professional help.


Thank you
 
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