naturalization

[pav82 0]

hi! I'd recieved my green card on june 12, 2007. I was out of U.S. and came back in Jan. 20, 2012 so do i need to wait till april 20, 2012 to apply for citizenship based on 3-month state residence requirement? And i stayed outside U.S. for more than 6 months. So, with N400 form should i need to submit Tax forms along with other requirements-green-card copy, two photographs and check-fee? pls. help

thnx

[BethandBilly 86]

hi! I'd recieved my green card on june 12, 2007. I was out of U.S. and came back in Jan. 20, 2012 so do i need to wait till april 20, 2012 to apply for citizenship based on 3-month state residence requirement? And i stayed outside U.S. for more than 6 months. So, with N400 form should i need to submit Tax forms along with other requirements-green-card copy, two photographs and check-fee? pls. help

thnx

When did you stay outside of the US for more than 6 months? If I correct here and I sure other more experienced posters will come along and set me right if I am not, but if you are outside of the US for 6 months of more your residency clock starts over. As for the other question, I cannot answer that as we are doing marriage naturalization.

[pav82 0]

i'd stayed outside U.S. for 11 months in 2010

[BethandBilly 86]

i'd stayed outside U.S. for 11 months in 2010

Ok, I am pretty sure your residency requirement time was set back to zero then. As I said before, I am sure other more experienced posters will correct this if I am wrong.

[nwctzn 55]

hi! I'd recieved my green card on june 12, 2007. I was out of U.S. and came back in Jan. 20, 2012 so do i need to wait till april 20, 2012 to apply for citizenship based on 3-month state residence requirement? And i stayed outside U.S. for more than 6 months. So, with N400 form should i need to submit Tax forms along with other requirements-green-card copy, two photographs and check-fee? pls. help

thnx

To answer your first question, your latest trip does not break your 3-month residency requirement in your state or district. So you are eligible to file now.

Regarding your second question, I know from a different forum that you were out of the US for medical reasons. Hence, you should be able to prove that you did not break your continuous residency. As indicated in the N400 checklist (http://www.uscis.gov/files/article/attachments.pdf) send in with your N400 application your 5 year tax return transcripts and if available also proof of rent or mortgage payments. Send in also copies and translations of medical records and medical bills which are proof why you where out of the US for 11 months and include a letter explaining your long trip.

Make copies of everything you send in and have these documents also ready when you go for your interview.

Also note, I am not an immigration lawyer and I am only expressing my opinion. If you want to be 100% sure, consult with a lawyer before you apply.

Good luck!

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Edited April 13, 2012 by nwctzn

[ManuFred 10]

(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 dis rupt 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: (Amended 9/24/93; 58 FR 49913)

(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;

© The applicant retained full access to his or her United States abode; or

(D) The applicant did not obtain employment while abroad.

[pav82 0]

nwctzn-thnx a lot, i'll let u know what will be the result.