US Citizenship - what are my chances ?

I

indimmi

Registered Users (C)
Hello to all the Guru's and contributors

First and foremost - thanks a lot for the great service you guys provide to the potential US Citizens.

I would like to get some advise on my eligibility for filing for citizenship.

I am married and have a 9 yr old son.

I received my GC in July 2004. My wife and kid has been in India since May 2006, visiting every year. Following are my travel dates:

left US arrived in US days between
18-Mar-06 26-Mar-06 8
25-Aug-06 4-Sep-06 10
12-Oct-06 13-Nov-06 32
21-May-07 24-Oct-07 156
4-Nov-07 16-Apr-08 164
26-Apr-08 1-Aug-08 97
25-Dec-08 4-Jan-09 10

I moved back to the US on 1st August 2008 and since have been working for the same company i use to work for before i left US.

While i was there in India i started working for a Indian company in July 2007 and worked till July 2008.

I am also wondering if me working for a indian company for a year will have any impact on my case.

My wife and kid are still in India, does this effect my case in any way ? Will they ask me during the interview, where my family is ?

They are forced to be out of US as they are taking care of my ailing parents, both my parents are Stroke patients and some one has to be with them 24x7(i have medical certificates).

Would appreciate your advise.

Thanks in Advance..
 
Working in India for a Indian company along with back and forth travel to US will be a strong sign for continuous residency break. Unless you can provide sufficient evidence of your US residential ties your chances of success are low.
 
I did the following to maintain residency:

1. Was on a joint lease for an apartment
2. continued to maintain bank account
3. continued the phone connection in my name.
4. maintain other financial institutin account like (ameritrade/etrade).

by the time i appear for the interview - it will almost be 1 yr that i am back to the US for good, will that help ?

Thanks
 
definitely you have a lot of visits, however you do not break any and meet all requirements.

As for working in India, you do not have to list it at all. Did you include income in india on your US tax returns?

Like Bob said, chances are low, but I do not see any particular reason of getting denied. You do meet 30 months minimum stay right and have been filing tax returns as residents?

Even after so many and long trips you are well over 30 months minimum stay. I would be fairly positive since you have been back here for about a year by the time you get interview.

just from the little knowledge and experience I have.
 
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Truedesi,

Thanks for the words of encouragement.

I was wodering if they can ever find out that i worked in India ?

I have not reported any income from India in my taxes. And have been filing taxes as a US resident all the time.

Thanks..
 
I can't think of any way. Once, I myself was in india for about 175 days and did work there for 5 months, but I am not even worried about that.
 
You'll have to list the places you worked in last 5 years on the N-400. During the interview expect to be questioned on the purpose of your extended stay in India, as well as where your spouse and kids are living. It's really not a good idea to purposely withhold or be deceiving on this information.
 
I haven't applied yet, and keep getting second thoughts about my that one trip that lasted ~175 days. Just hoping for the best.
 
Bobsmyth said:
You'll have to list the places you worked in last 5 years on the N-400. During the interview expect to be questioned on the purpose of your extended stay in India, as well as where your spouse and kids are living. It's really not a good idea to purposely withhold or be deceiving on this information.
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having experienced and known on how cynical USCIS is and can be, I completely agree with you.

However its a such an irony that they lay out these rules and requirements and then these are not followed in practice.

USCIS clearly states no visit longer than 6 months, then why so much fuss about having 1-2 <6 months and what if you worked outside US. how does that break any rules laid out by USCIS.

The reason people think of even lying is due to such erratic and subjective behavior of USCIS.

I am sure people will have contrary thoughts on what I just wrote, but I think this is a lot of ambiguity and a lot left on how a particular IO feels.
 
truedesi said:
I haven't applied yet, and keep getting second thoughts about my that one trip that lasted ~175 days. Just hoping for the best.
Click to expand...

I think you got a dilemma. If you report your work in India and IO ask for a
copy of your tax return for that year, since you did not report yoru indian income, the IO may find out you commited a crime or an offense of evading federal taxes. Following that the IO can acuse of you lying on further two
questions:

Q5 do you owe any federal, state or local teaxes that are overdue
Q15 have you commited a crime or offense for which you were not arrested.
 
truedesi said:
USCIS clearly states no visit longer than 6 months, then why so much fuss about having 1-2 <6 months and what if you worked outside US. how does that break any rules laid out by USCIS.
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Immigration law works under the notion of intent. By traveling just under the 6 month limit and by working outside US with non US company, you are showing that your intent is not to maintain proper US residency ties. The burden of proof is for you to demonstrate that you still hold the proper US residency ties.

For some, US citizenship is nothing more than a glorified visa that allows them to return to live in US whenever they wish, but what they fail to realize is that they must report all of their world income (and I'm sure the IRS and state department will eventually crack down on this).
 
People get hung up on the 6-month thing, as if it is the only criteria they look at. Get rid of that misconception. USCIS is going to look at the entire set of travels and circumstances when evaluating continuous residence, not just whether each trip is under 6 months. The 6-month thing is only one thing that creates an automatic (but rebuttable) presumption of breaking residence; it is not the be-all and end-all.

There is a 15-month stretch during which only about 3 weeks were spent in the US. Looks like broken residence to me. But I am not the interviewer; you won't know what they will decide until you apply.
My wife and kid are still in India, does this effect my case in any way ? Will they ask me during the interview, where my family is ?
Click to expand...
When you take long trips overseas but your spouse and children stay in the US, that provides another bit of evidence to show that you maintained ties to the US. In your case you don't have that because they were in India.
 
Just like they are doing with all the US citizens that had Swiss acounts with the bank UBS and they thought the IRS will not eventually catch up with it. There were more than 17,000 citizens with swiss accounts trying to avoid taxes. They must be very stupid or they think they are too clever.-

Once you become or want to be a US citizen, you have to abide by the rules or you will get burned.- No more excuses on being a foreigner.- :cool:


Bobsmyth said:
For some, US citizenship is nothing more than a glorified visa that allows them to return to live in US whenever they wish, but what they fail to realize is that they must report all of their world income (and I'm sure the IRS and state department will eventually crack down on this).
Click to expand...
 
Jackolantern said:
People get hung up on the 6-month thing, as if it is the only criteria they look at. Get rid of that misconception. USCIS is going to look at the entire set of travels and circumstances when evaluating continuous residence, not just whether each trip is under 6 months. The 6-month thing is only one thing that creates an automatic (but rebuttable) presumption of breaking residence; it is not the be-all and end-all.

To add to this, the 6 month thing isn't set in stone either. INS has stated it's just a guide line. People have been denied for being out for less then 6 months after they had been found out to be living and working overseas.

You will be questioned and yes they can find out your work history through questioning you, your income taxes (you had to file US taxes over the course of your PR year). If you did not claim you worked in India, it will be discovered through the interview. If caught lying or not mentioning things like that, the results could be drastic...
Click to expand...
Click to expand...
 
Jackolantern said:
People get hung up on the 6-month thing, as if it is the only criteria they look at. Get rid of that misconception. USCIS is going to look at the entire set of travels and circumstances when evaluating continuous residence, not just whether each trip is under 6 months. The 6-month thing is only one thing that creates an automatic (but rebuttable) presumption of breaking residence; it is not the be-all and end-all.
Click to expand...

To add to this, the 6 month thing isn't set in stone either. INS has stated it's just a guide line. People have been denied for being out for less then 6 months after they had been found out to be living and working overseas.

You will be questioned and yes they can find out your work history through questioning you, your income taxes (you had to file US taxes over the course of your PR year). If you did not claim you worked in India, it will be discovered through the interview. If caught lying or not mentioning things like that, the results could be drastic...
 
well the things is that you try and follow all the guidelines as much as possible. sometimes there are circumstances that you are forced to walk that thin line.

by the time i go for the interview it will be almost a year that i am back in US and working, isnt that enough intent that i want to live in the US ?

Thanks
 
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