N400 Form and trips since becoming a LPR

[rushfan2112]

Hi,

I am in the process of applying for citizenship and need some advise on completing the N400 form, Part 7 - Time Outside the US. I have been a LPR for 20 years but have spent the first 15 years of that time fluctuating between my home country (Ireland) and the US. For those 15 years I did not pay US taxes because I was employed in Ireland and bascially just came to the US twice a year to visit my family and friends (hence I technically broke the continous residency requirement from the beginning). However, my situation changed 5 years ago and I decided to move to the US permanently. I have now paid 5 years of taxes, and in the past 60 months have been outside of the US for 196 days (all trips are under the 6 month rule).

I do not have copies of my previous passports, so when I complete Part 7 of the form, I am wondering if I can just put down the trips that I have taken over the past 5 years? The longest period of time would be 3 months that I was out of the country. My questions are: 1) Will I be penalized for not have old expired passports at the interview? 2) Should I be totally honest and declare all my very long trips outside of the US (when I first became a LPR), knowing this broke my continous presence requirement, or should I just fill this section in for the trips taken in the past 5 years and play it safe? 3) Will the IO have a record/or do they investigate the dates of these trips, or are they relying on the applicant's honesty? 4) Is naturalization based on ALL the trips ever taken by a LPR, or is the focus just on the past 5 years?

I am scared that I may be refused naturalization, and also get my PR card removed if they discover that I wasn't legally tied to the US for the first 15 years.

Any advise would be grateful appreciated.

 

[BigJoe5]

In regards to an N-400, honesty is the best policy.

Do not try to hid your past travel pattern. The trips that happened before 5 years ago are now irrelevant. Lying about them or attempting to conceal them would be a current demonstration of a "lack of good moral character" and result in the imposition of a brand new 5 year bar to refiling from the date of the lie. Don't do that. It is irrational to try to lie about something that is legally irrelevant.

 

[Jackolantern]

For those 15 years I did not pay US taxes because I was employed in Ireland and bascially just came to the US twice a year to visit my family and friends (hence I technically broke the continous residency requirement from the beginning).

Did you file US tax returns during those years? As a green card holder, you're supposed to file US tax returns for worldwide income regardless of where you work or live, unless your income is below the threshold for being required to file. There are treaties and exemptions that probably would cancel out most or all of your US tax liability, but you were still supposed to file the tax returns to report the income.

They're not going to cancel your LPR status because of those old trips, providing that you didn't lie when admitted after those trips (e.g. telling the immigration officer at the airport that you were gone for 1 month when it was really 5 months). But the IRS could come after you for failing to file those tax returns, and your naturalization could be delayed or denied because you are currently unable to truthfully answer NO to the question on the N-400 that asks about failing to file required tax returns.