thinking ahead about Naturalization,pls advise:

I

ianyu

Registered Users (C)
My GC date is November 14 2005.
My info is that I can apply for citizenship 4 years and 9 months after this date. correct? This tells me I can apply in August next year, correct? Any way I can do it earlier?
In the Naturalization application form there are two questions about how much time one has spent out of US:
1. how many days total in last 5 years ? my answer is 420 days
2. how many trips in last 5 years? my answer is two (170 days and 270 days)

My second trip was not going to be over 6 months but family stuff,health...'had to stay plus I needed an RTD replacement.

My question is if I should plant to apply for citizenship next year? Do I have a chance? Can I make it?

Thanks for advise to anyone who has a moment to help.
 
ianyu said:
My GC date is November 14 2005.
My info is that I can apply for citizenship 4 years and 9 months after this date. correct?
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USCIS says 5 years minus 90 days, which equates to something like 4 years, 9 months plus 2 or 3 days. Don't try to time it to the exact earliest possible day, because sometimes USCIS will miscount the days and reject your application before the interview. It is advisable to wait an extra few days to give yourself a buffer against their incompetence.
This tells me I can apply in August next year, correct? Any way I can do it earlier?
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If you're married to a US citizen, you can apply at 3 years minus 90 days, provided you've been married for at least 3 years and your US citizen spouse has been a citizen for at least 3 years.

If you're in the military and served in active duty, or your spouse is, you may be able to qualify for expedited citizenship.
My question is if I should plant to apply for citizenship next year? Do I have a chance? Can I make it?
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You have a chance, but you'll have to come up with extra documents to compensate for that 270-day trip ... bank statements, lease/mortgage documents, etc. to show that you maintained your US residence during that trip. If that 270-day trip was close to the 170 day trip, your chances are lower.
 
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and

my two big trips were a year and a half apart?
When I put the info in the naturalization application should I put/admit I was away the second time 270 days and offer an explanation? or what should I do? do they really check all trip and days?
thanks!
 
They look at the trips and days very closely because it is a critical part of whether you will be denied or approved. They also have travel records in their system which they will cross-check, and will deny you if you fail to tell them of a long trip which they know about.

Don't send an explanation now, just list the trips and make the explanation in the interview if asked ... explain why you were away as well as show documentation that you maintained your US residential ties during that 270-day trip.
 
I was away for 270 days, which is above 6 months. and you say I still have a chance. that is great. what can I secure to show I had ties to US. I was not paying rent, and I do not own property...what can I start putting together now as I would want to be prepared and make this happen?
 
If you have any questions about unusual situations or concerns about how to present your case, you should consult with an attorney.
 
ianyu said:
I was away for 270 days, which is above 6 months. and you say I still have a chance. that is great. what can I secure to show I had ties to US. I was not paying rent, and I do not own property...what can I start putting together now as I would want to be prepared and make this happen?
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You can show that you've maintained your US bank accounts and filed US taxes. But without renting or owning somewhere in the US while abroad, your chances are weaker. Did you at least keep a car in the US while you were gone?
 
Giving the facts of 2 long trips (170 and 270 days), applying 90 days exactly before the five years will give the impression that you want to get the citizenship as soon as you can and then quit. This will be reflected very well on your application and will be apparent and expected point of discussion in the interview. If you are working in US and staying permanently, as suppose to be, give your self high chance of approval by waiting for a year or more. We are 4 years away from the presidential election which citizens have privilege compared to GC holders (in addition to some rare jobs which is not the ultimate goal for many applying for citizenship)
 
I filed taxes every year but have not rented any place while I was gone. how could have I have a place when I am away. I really live in the US and my intentions of getting a citizenship finally after 13 years of living in the us are genuine. I just need advice on what I else I could possibly think of to prepare for this application. not looking for judgment, looking for help!:) thx
 
ianyu said:
I filed taxes every year but have not rented any place while I was gone. how could have I have a place when I am away.
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Most people whose overseas trips are true temporary visits for less than a year, not relocations, would maintain their rented or owned residence while away.
I really live in the US and my intentions of getting a citizenship finally after 13 years of living in the us are genuine. I just need advice on what I else I could possibly think of to prepare for this application. not looking for judgment, looking for help!:) thx
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Did you have a spouse and/or children staying in the US while you were away for the 270 days? That's one more piece of evidence you can use. But there's not much more you can do than what has already been listed above.

If you can afford to lose the money, you can go ahead and apply next year and see what happens with the supporting evidence that you have. If denied, it's not the end of it all; you will be eligible for approval at 5 years after the end of the 270-day trip (assuming you don't take any more long trips or get into any criminal problems).
 
ianyu said:
I filed taxes every year but have not rented any place while I was gone. how could have I have a place when I am away. I really live in the US and my intentions of getting a citizenship finally after 13 years of living in the us are genuine. I just need advice on what I else I could possibly think of to prepare for this application. not looking for judgment, looking for help!:) thx
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You have one trip for 170 days and another one for 270 days, this is completely OK. You are eligible to apply for citizen and your chance to be approved is there. What we are talking about is to increase your chance and make your case more stronger rather than just OK. By waiting for enough time past the long trip, will do that and your approval is almost 100% by then. But as said above, if you want to apply go ahead, you are just fine and eligibility criteria apply. Do not forget that citizenship application approval is not just how many trips and for how long each trip was, many other factors are also considered and every one of us try to make his case as strong as possible. Good luck in your application.
 
i am buffled by statements such as that most people continue renting their apartments when they are away for 6 months. I was travelling and absolutely had no plan or funds to keep a rent on a place I did not use. I appreciate your time to answer but this just buffles me.

My 270 day trip was 2007/2008 and I would not want to wait more years to get my citizenship. I have been through asylum and PR for 13 years. Will they consider that number of years?

I need any real advice on what to do nwo to help strengthen my application next year.
thanks folks!:)
 
ianyu said:
i am buffled by statements such as that most people continue renting their apartments when they are away for 6 months. I was travelling and absolutely had no plan or funds to keep a rent on a place I did not use. I appreciate your time to answer but this just buffles me.
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Think of it this way: All other things being equal, who has the stronger case for proving their residential ties to the US -- the person who emptied their apartment and didn't rent or own any place while they were away for several months, or the person who kept renting or owning their US apartment or house while away?
My 270 day trip was 2007/2008 and I would not want to wait more years to get my citizenship.
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Well go ahead and apply next year and see what happens. If denied, ask when you can reapply.
I have been through asylum and PR for 13 years. Will they consider that number of years?
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No. You could have been a PR for the past 40 years, that doesn't matter. When it comes to traveling and continuous residence, what matters is the most recent 5 years.
 
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Now that you mentioned asylum, that may change things a bit, because asylee green cards are normally backdated by 1 year. When you mentioned getting your GC in Nov. 2005, did you already account for the 1-year backdating? Or would the backdating bring it to Nov. 2004?
 
Think, think and think.

What kind of ties did you maintain to the United States while you were gone?

Did you keep a bank account here? Were there many activities in the account?

Did you renew your driver license or state ID?

Did your family member (wife, kids) live in the United States while you were away?

You said you paid taxes? How did you earn your income? Who paid you? If you had a job abroad and worked for a foreign employer, that would count against you.

What did you do abroad? What kept you there for so long? How did you support yourself?
 
i am a single person. i pick up my bags and leave and pick them up and come back. that's how it works when I travel.
I kept a bank account open while I was gone.
i kept my DL , there was no need to renew.
I paid taxes for the year before I traveled since i worked that year...
I did not work abroad and was away for 8 months because of sisters health situation.
I lived off my savings during the trip and while I was away stayed with my sister/family.


thinking what else but no real ideas:(
 
You don't have a very strong case, but there is no harm in applying to see what happens, other than the loss of money (and time for the fingerprint and interview). Denial of citizenship for this reason is not the end of the world! You'll still get to keep your green card, and it's just a matter of time before you can reapply and get approved. If you (re)apply 5 years minus 90 days after the end of the 270-day trip (sometime in 2013 or late 2012, depending on the exact date of the trip), that trip will no longer affect your eligibility.

However, you may have a bigger problem that could make you lose your green card. You said you got your GC via asylum, and then you left the US for family reasons in 2007/2008. If that trip was back to the same country you fled, your citizenship and green card would both be in jeopardy, as it creates the impression that you lied to get asylum, unless the conditions there have changed significantly for the better since you obtained asylum.
 
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no, i am a real immigrant. never went back to the country of persecution. i was in australia to meet family living there.
so, any other positive ideas on how to strengthen my case? I am for real, I just dont own a car,a house and a wife:)
 
Sorry, there isn't anything else I can say to help, except that time and patience will restore your citizenship eligibility if you are denied in 2010. You broke the 6-month limit, and people with stronger ties to the US than you have been denied for doing that.
 
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