naturalization-but stays more in own country than US

[sony2001 7]

Hi,I have question on behalf of my brother in law,he and his family got a LPR thru DV loterry,now they would like to apply for citizenship,but they stayed more in own country than US,they had their cards almost five years,enter the US every year,stayed 2-3 months,and come to their country,they have jobs here,never did the taxes in US,will this cause them a problem for citizenship apply?Thanks ahead

[HeatDeath 430]

Those things will cause enormous problems with a citizenship application.

They need to download and read USCIS' "M-476 Guide to Naturalization." http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=598da2f39b1ab210VgnVCM100000082ca60aRCRD&vgnextchannel=598da2f39b1ab210VgnVCM100000082ca60aRCRD

Particularly the eligibility worksheet in the last section.

That section includes a detailed flowchart that lists all of the requirements to file for US citizenship. One of the requirements is having lived in the US for a certain minimum of time, which it sounds like they haven't.

On that basis alone, any application for citizenship they make will probably be denied. USCIS will also need proof that they're paid US taxes for the last 3-5 years. If they can't show tax transcripts for the last 3-5 years, that would probably cause a denial as well.

Edited July 11, 2013 by HeatDeath

[BigDaddy28 228]

well as an LPR, you need to file taxes in the US EVEN FOREIGN INCOME. Not staying in the US is already bad, when they apply for citizenship they will be getting a lot of questions about why they didn't stay in the US. USCIS thinks if you don't want to live here, you don't want to pay taxes here, you shouldn't be living here. Your brother in law has to move here with his family and start a life in the US and meet the requirements to be able to file for citizenship.

[VanessaTony 3,567]

Hi,I have question on behalf of my brother in law,he and his family got a LPR thru DV loterry,now they would like to apply for citizenship,but they stayed more in own country than US,they had their cards almost five years,enter the US every year,stayed 2-3 months,and come to their country,they have jobs here,never did the taxes in US,will this cause them a problem for citizenship apply?Thanks ahead

They'll have their GC's revoked any time now.

Everything you mentioned are reasons they revoke LPR status. It's just a matter of time.

[sony2001 7]

Thanks guys,that is what i taught also,they left yesterday and plan to stay more than a year now,because someone told them to stay more this time and would not be a problem which i doubt it ,because they never paid taxes neither worked there,thanks

[warlord 73]

Yep as everyone has said, they have pretty much abandoned their GC status and eventually upon trying to enter the US they'll be caught and have it revoked and sent back. Just a matter of time. Then even with that they would probably be detained when found out they haven't been filing taxes and that could land them in jail in the US as well. Are they trying to write a book about "100 of the top things NOT to do while living on a Green Card?"

[Dave&Roza 748]

Thanks guys,that is what i taught also,they left yesterday and plan to stay more than a year now,because someone told them to stay more this time and would not be a problem which i doubt it ,because they never paid taxes neither worked there,thanks

A LPR that remains outside the US for a period of 1 day to 179 days usually has no problems re-entering the US unless they make a habbit of this.

A LPR that remains outside the US for a period of 180 days to 364 days can have extra scrunity upon re-entry, but if this is a one time event AND the LPR has maintained a residence in the US there is not much of a problem.

A LPR that remians outside the US for a period of 365 days to two years without a re-entry permit that must be applied for BEFORE leaving the US can kiss the GC good-bye upon re-entry.

Your BIL is abusing the GC and WILL have it revoked. He can help the revokation process by filing for citizenship and have the USCIS examine his trips overseas and they will determine that his pattern of stays outside the US indicates he has no intentions of living in the US. If he ever waqnts to LIVE in the US permantly in the future, he should go to the local US Emabssy/Consulate and turn in his GC. This is one of my pet peeves: if you are going to get documentation to LIVE in the US then follow the rules and LIVE in the US, otherwise give up the GC and let someone who DOES want to LIVE inthe US us it. Sorry, but I see it here on VJ all the time about people applying for a benefit and then not using it and they do not realize that they took someone's place in line to get that benefit. It just frustrates me. Sorry, I'll stop ranting now.

Dave

[sony2001 7]

Last year they enter the US in June stayed 2 months came back in August,and this year they just left which is more than 180 days,but they never has a problem entering the US,they were doing this for 5 years,thanks a lot for helping us out

[Autumnal 25]

They are not staying in the US long enough to demonstrate that they live here. In effect they are not living in America, they are living overseas. The failure to pay their taxes while they are abroad looks very bad. A top priority should be to file for the years they are missing, but I do not think it will help their case very much.

[Asia 2,499]

they never has a problem entering the US,they were doing this for 5 years

I guess they were lucky.

But still they can't have fill for naturalization now.

[kzielu 1,153]

They're not even close to being able to due to physical presence requirements, in addition they have to have taxes filed to even start the process...

Being here for a year is not going to enough.

[sony2001 7]

Every time they enter the US at the airport they have been asked for how long did they stay in the own country,they just said 2 months,and they let them go,but i'm pretty sure that if they want they would check it,what about if they found out that they lied because they are staying here almost 11 months,and only 2-3 months in US?

[aaron2020 11,651]

Your parents have been lying at the POE to maintain their LPR status. It seems that they are well aware of the requirement to live in the US, otherwise why lie about being outside the US for 2 months when in fact it's 11 months.

US citizenship is not possible for several reasons; not enough time in the US, failure to file US tax returns on their foreign income, not living in the US, etc.

If they keep abusing their green cards, you can expect them to be "interrogated" upon any entry into the US and to ultimately lose their green cards.

Why bother getting green cards when thy have no intention of living in the US? The green cards they took could have gone to another family that wants to live here. A real shame that your parents are abusing the privilege if their green cards.

Edited July 14, 2013 by aaron2020

[sony2001 7]

It is not about my parents,it is my brother in law,they taught maybe that US immigration officer are not able to check their entry for all this 5 years they have been doing this

[Darnell 8,479]

maybe they'll get caught the next time, coming in to a POE,

but

if they want USCitizenship, then they must meet the 'physical presence' requirements.

They've not done that. Still, it's not a bad thing going forward,

if, and only if,

they stay in the USA in the future, continuous physical presence, without leaving the USA,

to match the physical presence rules.

Otherwise? Sorry, no path to Citizenship.