Proof of keeping ties with the US (over 6 month trip)

R

Rahul Kumar

Registered Users (C)
What are some of the best ways of showing that I intended
to keep my ties to the US when I was away. I did not
file my taxes for 1 year when I was away as I made no money

I dont have any rent or mortguage or pay stubs....

I do have a reentry permit.


???
 
Not filling taxes is a big problem because you must show the tax returns of the last five years at the citizenship interview. In your case, I would wait based on the 4 year rule. Not filling taxes is a serious issue. Not paying is ok to some extend. Anyhow, at least you should have filed it.

The law does say that the residence requirement has not been broken in the following cases:

- you didn't work abroad
- you had family in the US during your absence
- you still had access to you residence in the US - you did continue to rent an apartment or owned a property
However, the law says that it is not limited by this. The law is not very clear here. At the end it comes down to the immigration officer who is interviewing you.


Go to the web site www.immigration.gov and the read the naturalization handbook. It describes in detail the requirements in the case you have left the US for more than 6 month.


PS: I am not a laywer
 
Missed Tax?

Actually, I did file a Zero tax return for the year away. What a good idea my dad gave me! So even though it says "Zeros" all over its proof that I cared enough to file!

So if you are returning to your home countries for over a year
and even if you have no income file a 1040EZ (RESIDENT TAX RETURN!!!!)
 
I got my Green Card (GC) in 1990. But could not settle permanently in the USA until 1996. I kept my GC alive by returning to the USA once a year for short trips.

I did not file any tax returns until 1997. I had no income in the USA and continued with my employment in my "home" country, where taxes were deducted at source.

I checked both with IRS and an attorney if I needed to file for those years (1990-1996) even though, most certainly, I did not owe any taxes. IRS said that as long as I did not earn more that what my salary was, there would be no tax but I had to apply for exemption.

IRS advised that I should submit the returns. IRS mailed me tax forms for 1990 and 1991. The rest are available for download from the IRS website.

The attorney advised that there was no need to file but that I should write a letter along with the N-400 application explaining the situation.

The reason for submitting the tax returns for those years despite having been resident and having filed the taxes for the last five years is that the Naturalization Guide states that we must send this evidence if we were out of the USA for more than 6 months since getting a GC.

I thought it best to file and state on N-400 that I <b>have not failed to file the required returns.</b>
 
Thak you JoeF for the links. I was not aware that I might have abandoned my LPC status. But it looks like a distinct possibility.

In your opinion, does not the fact that I have been continuously resident in the USA since 1996 and have no other home,constitute "my intention to forge permanent ties to the USA"?

Surprising the attorney did not mention this. I think that if I had lost my LPR status (as opposed to have abandoned it by default) would I not have been prevented from entering the USA?

Also, I had to renew my Green Card in 2001. I had no problem with this.
 
Thak you JoeF for the links. I was not aware that I might have abandoned my LPC status. But it looks like a distinct possibility.

In your opinion, does not the fact that I have been continuously resident in the USA since 1996 and have no other home,constitute "my intention to forge permanent ties to the USA"?

Surprising the attorney did not mention this. I think that if I had lost my LPR status (as opposed to have abandoned it by default) would I not have been prevented from entering the USA?

Also, I had to renew my Green Card in 2001. I had no problem with this.
 
Originally posted by JoeF

That's why I'm saying that a letter like the one the lawyer suggested is a perfect thing for them. I consider the lawyer's advice quite dangerous. You'd admit yourself that you didn't reside in the US for a significant amount of time after getting the GC. BCIS wouldn't even have to do any work...
Click to expand...

Even if I did not write a letter that my lawyer suggested, BCIS would know because N-400 requires me to list all absences from the USA since becoming permanent resident.

Oh boy, am I in trouble?
 
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