US citizensship need help ..

D

danilo2535

Registered Users (C)
i was petitioned by my mom wheni was <21 y/o. i arrived in the US 5/17/05 and that is my start date as a resident.but as soon as i recieved my green card i immidiately went back to the philippines to finish my school jun 23,2005 was my departure date then i went back to the US on jun 17, 2006 and ever since been going in and out of the US yearly for <6 months. My question is if the almost 1yr that i left the US can be counted on the 5yr residence requirement for naturalization..

coz when i checked the worksheet it says there i cannot qualify if i spent time outside the US for 1yr or more?

your help will be mostly appreciated since i really need to be a citizen ASAP so i could petition my fiance we have been waiting almost 5yrs for this THANKS!
 
Provided that you did not become a USC through naturalized parents before you turned 18, you can probably file an N-400 anytime now.

Under 8 CFR 316.5(c)(1)(ii) there is a remedy available for a break in the continuous residence requirement for naturalization eligibility. That remedy is to wait 4 years and 1 day after returning from the long absence before filing an N-400. You met that requirement as of June 18, 2010 {you could have filed on June 19, 2010, IF OTHERWISE ELIGIBLE]. [You can break it again with another long trip, even after filing the N-400.]

OTHERWISE ELIGIBLE:

The additional shorter trips are important for the "physical presence" requirement:

Had you been inside the U.S. AT LEAST 2 1/2 years on your N-400 filing date? (or prefereably more). [This is merely a prerequisite to filing. After filing, forget about it, it's over with, so get it right before you file.]

Let's say you mail your N-400 on January 12, 2011, and it gets accepted for filing on January 15, 2011.

Looking back from January 15, 2011, to January 16, 2006: [That would be your base statutory period.]

Do you have at least 2 1/2 years inside the U.S.?

[The following CAN reach to before your statutory period and all the way up to taking the Oath.]

Do you have a clean record in terms of no disqualifying criminal record?

Did you NOT belong to the Communist Party at any time in the past 10 years?

Did you obtain your greencard through a fraud?

Have you committed any crime that they simply haven't arrested you for yet?

Are you planning to overthrow the U.S. Government or commit an act of terrorism?

Good Luck,
 
this is a quote from form m-476, the N400 guide book:

What if I was outside the United States
between 6 and 12 months? If you leave
the United States for more than 6 months,
but less than 1 year, you have broken
or disrupted your continuous residence
unless you can prove otherwise. Read the
“Document Checklist” in the back of this
Guide to find out what information you
must give to prove you did not break your
continuous residence.
 
to be exact here are my list of dates when i went back and forth from US to Philippines:

Daparture US Arrival in US

june 23, 2005 - june 17, 2006
may 11,2007 - nov 10 2007
march 25, 2009 - june 24, 2009
august 11, 2010 - december 19, 2010

i have approximately 3yrs and 5months that im physically present in the US.

in regards to the tax returns that i need to send for proof well i started working march 2008 and been working ever since but before that i was i guess a dependent to my mom(no job whatsoever) so do i just send tax returns of my mother will that be ok?

btw i want to thank you for replying. this means so much to me so i really appreciate it :)
 
danilo2535 said:
to be exact here are my list of dates when i went back and forth from US to Philippines:

Daparture US Arrival in US

june 23, 2005 - june 17, 2006
may 11,2007 - nov 10 2007
march 25, 2009 - june 24, 2009
august 11, 2010 - december 19, 2010

i have approximately 3yrs and 5months that im physically present in the US.

in regards to the tax returns that i need to send for proof well i started working march 2008 and been working ever since but before that i was i guess a dependent to my mom(no job whatsoever) so do i just send tax returns of my mother will that be ok?

btw i want to thank you for replying. this means so much to me so i really appreciate it :)
Click to expand...

Danilo,

That May to November 2007 trip, does not look good for you. For you to count that for natz, you had better be able to meet the evidentiary requirements ay 8 CFR 316.5 (c)(1)(i)(A-D) and address (c)(2). You will need to explain your pattern of travel to the satisfaction of USCIS.

You have not filed an N-400 yet. That's good, because you would probably have lost your filing fee and been denied. ON THE DATE THAT YOUR N-400 REACHES USCIS, THAT IS THE FILING DATE. As of the filing date, you have to count backwards from that filing date. In the 5 years IMMEDIATELY PRECEEDING the filing date, you have to have AT LEAST 1/2 of the total time inside the U.S. to meet physical presence AND meet all other requirements.

June 2005 to May 2007 is 11 months (BUT I DON"T KNOW IF IT REALLY MATTERS),

You were away from May to Novemebr 2007 and this is listed as 1 day shy of 6 months (CAN YOU PROVE THE DATES? The U.S does not give exit stamps, are you relying on a P.I. entry stamp? Is the return date a U.S. entry stamp?), [Nov 11, 2007 + 4 yrs + 1 day = Nov 12, 2011, safe to file on Nov 13th.]

Nov 2007 to March 2009 is 16 months,

June 2009 to Aug 2010 is ~13.5 months and you are still working on more.

It would be safer to wait until November of this year to file. This is because your case is really weak regarding continuous residence. The N-400 might be denied and if you appealed, you could possibly win, but it would take longer and cost more to go through that than to just wait it out up front.

If it takes 4 to 5 months to process the N-400 to reach an interview, then a denial might take a while to be written (they can take 120 days (4 months) after the interview to make a decision --- you can file a lawsuit if they take longer than that), then you get 1 month to file an N-336, with a big fee, BUT they don't have to schedule your N-336 Hearing for 6 months. AND you have not even filed yet.

There is just a question on the N-400 asking if you FAILED to file taxes (provided that you were actually REQUIRED to file). A dependent, jobless student isn't expected to file unless they had some crappy part time job and are due a refund. BUT in your case it is a sign of a lack of ties to the U.S. What did you do back in P.I. AFTER you graduated? Why so much time spent back there? Working?

See a lawyer.
 
to be exact my arrival in the philippines based on the stamp on my passport was May 13 2007 so im guessing i left US May 11 provided the time of travel usually is 16hrs plus the time difference and my arrival in the US based on the US stamp on my passport is Nov 10 2007 also theres a handwritten note there that says "out 5 months" because i think when they ask me how long ive been out i said about 5 months.

now based on this statement from (8 CFR 316.5):


(c) Disruption of continuity of residence(1) Absence from the United States(i) For continuous periods of between six (6) months and one (1) year. Absences from the United States for continuous periods of between six (6) months and one (1) year during the periods for which continuous residence is required under 316.2 (a)(3) and (a)(6) shall disrupt the continuity of such residence for purposes of this part unless the applicant can establish otherwise to the satisfaction of the Service.

This finding remains valid even if the applicant did not apply for or otherwise request a nonresident classification for tax purposes, did not document an abandonment of lawful permanent resident status, and is still considered a lawful permanent resident under immigration laws. The types of documentation which may establish that the applicant did not disrupt the continuity of his or her residence in the United States during an extended absence include, but are not limited to, evidence that during the absence: (A) The applicant did not terminate his or her employment in the United States; (B) The applicant's immediate family remained in the United States; (C) The applicant retained full access to his or her United States abode; or (D) The applicant did not obtain employment while abroad.


the only thing that i can maybe prove is my mother stayed in the U.S.. i wasnt employed at that time i just passed my NCLEX but at around Dec 2007 i did start working. i did not obtain any employment outside the US altho im not sure how i can prove that. i did retain full acces to the US i can maybe prove that if i find my itinerary ticket which shows that i have a return date or i think it was an open ticket.

the reason why i went home is primarily because of my brother, father and especially my fiance(i miss them).


Thank you!
 
just bumping my thread to have it look at..thank you and i appreciate all the advices very much!god bless!
 
danilo2535 said:
june 23, 2005 - june 17, 2006
may 11,2007 - nov 10 2007
march 25, 2009 - june 24, 2009
august 11, 2010 - december 19, 2010
Click to expand...
You must have 5 years of continuous residence at the time you apply up until your oath date. If you applied now, looking back the last 5 years would show that you were out if the US between January 2006-June 2006, a 6 months absence. Also, May 11 to Nov 10 is 183 days. Did you maintain your US primary abode at the time of these trips as well as have additional evidence to prove US residential ties? Unless you have strong evidence of US residential ties during your absences of more than 6 months, you'd best wait until at least 4 years + 1 day after the return of your last trips of more than 6 months to apply.
 
the only thing that i can maybe prove is my mother stayed in the U.S.. i wasnt employed at that time i just passed my NCLEX but at around Dec 2007 i did start working. i did not obtain any employment outside the US altho im not sure how i can prove that. i did retain full acces to the US i can maybe prove that if i find my itinerary ticket which shows that i have a return date or i think it was an open ticket.

my mom back in 2005 already has a house that she is paying and since 2008 i am now paying.i dont know if that would help.
 
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