N400

[Tong Yan 2]

Going to file N400 for my son. He will be 5 years this early July, 2010. i have question on the above mentioned on the form Part 7? He has been out 6 trips for a total of 232 days. It is okay to submit the N400 now or have him to wait for anothter 232 days before submitting the N400? We do not want to waste the money of $675.00 if USCIS reject his application based on the total days out of US. Anyone out there can help? Thanks in advance.

[v333k 59]

Going to file N400 for my son. He will be 5 years this early July, 2010. i have question on the above mentioned on the form Part 7? He has been out 6 trips for a total of 232 days. It is okay to submit the N400 now or have him to wait for anothter 232 days before submitting the N400? We do not want to waste the money of $675.00 if USCIS reject his application based on the total days out of US. Anyone out there can help? Thanks in advance.

I am a bit confused - he will be 5 years old or he will be 5 years LPR this early July? How did he obtain a GC? Do you have a GC or are you a USC?

[Tong Yan 2]

Sorry for the confuse. He will be 5 years having the GC. He got it in year July, 2005. He is 25 years old.

I am a bit confused - he will be 5 years old or he will be 5 years LPR this early July? How did he obtain a GC? Do you have a GC or are you a USC?

[v333k 59]

Sorry for the confuse. He will be 5 years having the GC. He got it in year July, 2005. He is 25 years old.

Thanks... because people must be 18 years or older to apply for naturalization unless petitioned with a parent.

Ok...

Your son needs to meet two different criteria.

1. Physical presence: must have resided in the US for 30 months for the past 5 years (or 60 months)

2. Continuous residence: have not left the US for trips that are 6 months or longer

If these two rules are met - then your son is eligible to apply for naturalization. Based on your post, 232 days is less than a year which is also less than 30 months so you are ok with the physical presence. Now, you need to go back and break down the trips to see if one of them is longer than 180 days (or 6 months).

I got this information from the naturalization guide, which can be found on the USCIS website. Here is a direct link: http://www.uscis.gov/files/article/M-476.pdf

hope this helps.

[Tong Yan 2]

Thanks for replying. I am clear now. The longest trip he went out is not more than 60 days. So I think we are ok to submit the form N400.

quote name='v333k' date='20 June 2010 - 02:20 PM' timestamp='1277058016' post='4015854']

Thanks... because people must be 18 years or older to apply for naturalization unless petitioned with a parent.

Ok...

Your son needs to meet two different criteria.

1. Physical presence: must have resided in the US for 30 months for the past 5 years (or 60 months)

2. Continuous residence: have not left the US for trips that are 6 months or longer

If these two rules are met - then your son is eligible to apply for naturalization. Based on your post, 232 days is less than a year which is also less than 30 months so you are ok with the physical presence. Now, you need to go back and break down the trips to see if one of them is longer than 180 days (or 6 months).

I got this information from the naturalization guide, which can be found on the USCIS website. Here is a direct link: http://www.uscis.gov/files/article/M-476.pdf

hope this helps.

[v333k 59]

Thanks for replying. I am clear now. The longest trip he went out is not more than 60 days. So I think we are ok to submit the form N400.

Great! Just make sure you write those in the form, and make sure he has his passport to show entry/exit stamps when he goes for his interview. Some IOs like to see the passport to make sure that the dates entered in the N-400 are true. Therefore, keep all passports (if there are ones expired) and remind him to take them with him when he goes for the interview.

good luck!

[Brother Hesekiel 2,236]

Oh, and at age 25 your son is an adult. Daddy can't file for him; he has to do it himself.