Citizenship evidence

[AKKH 48]

Hello VJ members,

 

I wanted to ask if someone has had my situation in the past about naturalization application and its process. I have not applied yet as I'm gathering documents and putting them into my USCIS account. I am located in Illinois right now.

Here is my story: 

 

I got my green card on July 2014. At the time of moving to the US I was a student in my home country (finished 2nd year of 4 years program).

We came here and asked some counselors in universities (in person) and they told us if I can come and apply for master, it would be cheaper and better. So I decided to finish my university and study and come to the US. I traveled 3 times to the US while I was a student not to lose our green card. From August 2015 to July 2016 I was able to come only once, but it took less than a year & more than 6 months. 

On late July 2016, I came to the US and started to find my job. And after a few months, I got jobs and never left the country for more one month (I left the country to visit my wife only). I lived with my relative for about 6 months and then rented an apartment and moved there in 2017.

I have filed my taxes for 2016 until 2019 (for 4 years, not 5 years). As I said, I did not have a job (income) because I was a full time student in my country. 

Anyway, I was outside of the US about 430 days during 5 years ago. 

 

Now that I want to apply, it says that I may not meet the Continuous Residency Requirement (I was outside of the US for more than 6 months and less than a year). I know that I should show some evidence.

 

Is there any evidence beside my university degree (to prove that I was a student from 2012 to 2016) that I can prove?

 

I don't have pay stubs or bills or insurance as I didn't have income. My only relative here was my uncle. My family were with me.

 

I know they may deny the application based on that fact, but I thought since there is a big line in front of the applicants, I feel I'm losing more time down the the road. 

By the way, I'm not in the army or my parents & wife are not US citizen. 

 

Thank you so much for your time!

 

[Lucky2Lucky 2,526]

You have to have been physically present 30 months in the last 5 years https://www.uscis.gov/us-citizenship/citizenship-through-naturalization/continuous-residence-and-physical-presence-requirements-naturalization if you don’t meet the requirement wait until you do otherwise you would be denied 

Edited July 19, 2020 by Luckycuds

[AKKH 48]

52 minutes ago, Luckycuds said:

You have to have been physically present 30 months in the last 5 years https://www.uscis.gov/us-citizenship/citizenship-through-naturalization/continuous-residence-and-physical-presence-requirements-naturalization if you don’t meet the requirement wait until you do otherwise you would be denied 

Thanks,

 

Actually I have been in the US more than 3.5 years (at least 40 months) physically. The problem is the first year that I had to stay in my home country to finish up my education. 

 

Source: https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3 

 

Quote

 

1. Absence of More than 6 Months (but Less than 1 Year)

An absence of more than 6 months (more than 180 days) but less than 1 year (less than 365 days) during the period for which continuous residence is required (also called “the statutory period”) is presumed to break the continuity of such residence.^[12] This includes any absence that takes place during the statutory period before the applicant files the naturalization application and any absence between the filing of the application and the applicant’s admission to citizenship.^[13]

An applicant’s intent is not relevant in determining the location of his or her residence. The length of the period of absence from the United States is the defining factor in determining whether the applicant is presumed to have disrupted the continuity of his or her residence.

However, an applicant may overcome the presumption of a break in the continuity of residence by providing evidence to establish that the applicant did not disrupt the continuity of his or her residence. Such evidence may include, but is not limited to, documentation that during the absence:^[14]

• The applicant did not terminate his or her employment in the United States or obtain employment while abroad;

• The applicant’s immediate family members remained in the United States; and

• The applicant retained full access to or continued to own or lease a home in the United States.

Eligibility After Break in Residence

An applicant who USCIS determines to have broken the continuity of residence must establish a new period of continuous residence in order to become eligible for naturalization.^[15] The requisite duration of that period depends on the basis upon which the applicant seeks to naturalize.^[16] In general, such an applicant may become eligible and may apply for naturalization at least 6 months before reaching the end of the pertinent statutory period.^[17]

Example

An applicant who is subject to a 5-year statutory period for naturalization is absent from the United States for 8 months, returning on August 1, 2018. The applicant has been absent from the United States for more than 6 months but less than 1 year. As such, the applicant must be able to rebut the presumption of a break in the continuity of residence in order to meet the continuous residence requirement for naturalization.

If the applicant is unable to rebut the presumption, he or she must wait until at least 6 months from reaching the 5-year anniversary of the newly established statutory period following the applicant’s return to the United States. In this example, the newly established statutory period began on August 1, 2018, when the applicant returned to the United States. Therefore, the earliest the applicant may re-apply for naturalization is February 1, 2023, which is at least 6 months from the 5-year anniversary of the pertinent statutory period.^[18]

 

 

Based on this quote from USCIS, I could safely apply on Feb 2021. But my question is about if I apply now and what I should consider before that. 

 

 

[JFH 12,190]

*~*~*procedural question moved from “progress reports” to “general discussion”*~*~*

[walter99 40]

It is hard to follow your story. It is not clear, you use "our Green Card", you don't mention what type of GC you have and so on.

[AKKH 48]

12 minutes ago, walter99 said:

It is hard to follow your story. It is not clear, you use "our Green Card", you don't mention what type of GC you have and so on.

I meant my family, we took the visa from relative (family). My green card has 10 years to expire, I'm sorry I don't know we have different types of green cards.

 

My question is since I traveled from Aug 2015 to July 2016 (less than 1 year, more than 6 months) - how can I prove:

1) I was unable to file taxes (I'm assuming being student & showing the years would prove that?) because there was no income, and

2) I really wanted to stay in the US but for the school, I had to finish it, I went back and came back again. I

 

s there anything else that I can provide so they don't deny the application based on "Absence of More than 6 Months"?

I'd like to apply asap (because of SLOW processing time) and also minimize the chance of denial based on the absence I had. 

 

The reason I'm really trying to do this right now is the Trump's Proclamation. Since I'm an LPR, my wife cannot come (see my signature or timeline, she's waiting for interview in Beirut) and I fear that the order gets extended. Once I'm a USC, I wouldn't be worried as much. Does it make sense? 

 

Thanks 

[walter99 40]

i think you have to file taxes even if you don t have an income. There are smart people here that can help you.

[African Zealot 1,455]

5 hours ago, AKKH said:

 

My question is since I traveled from Aug 2015 to July 2016 (less than 1 year, more than 6 months) - how can I prove:

1) I was unable to file taxes (I'm assuming being student & showing the years would prove that?) because there was no income, and

2) I really wanted to stay in the US but for the school, I had to finish it, I went back and came back again. I

 

Is there anything else that I can provide so they don't deny the application based on "Absence of More than 6 Months"?

 

Thanks 

From my analysis you broke continuous residence while you were a student abroad. Of course if you have $795 (or whatever is the citizenship fee) to gamble with you can apply and take your chances.

 

You situation falls squarely under the discretion of the I/O and putting your fate at the discretion of an I/O is typically not advisable. Personally I wouldn’t. We don’t recommend you manufacture evidence, what you have is what you have.

Edited July 20, 2020 by Ray.Bonaquist

[Lil bear 4,227]

5 hours ago, walter99 said:

It is hard to follow your story. It is not clear, you use "our Green Card", you don't mention what type of GC you have and so on.

It doesn’t matter .. he says his wife isn’t USC so it wasn’t through marraige .. 5 year rule for naturalisation applies 

 

Easiest route would be to take your 5 year period starting July 2021... but I realise pushing that out will slow down petitioning for your wife. You can start the I 130 for her now as an LPR then it will swap to IR category once you are naturalised 

 

Edited July 20, 2020 by Lil bear

[Zaidba 39]

12 hours ago, AKKH said:

Hello VJ members,

 

I wanted to ask if someone has had my situation in the past about naturalization application and its process. I have not applied yet as I'm gathering documents and putting them into my USCIS account. I am located in Illinois right now.

Here is my story: 

 

I got my green card on July 2014. At the time of moving to the US I was a student in my home country (finished 2nd year of 4 years program).

We came here and asked some counselors in universities (in person) and they told us if I can come and apply for master, it would be cheaper and better. So I decided to finish my university and study and come to the US. I traveled 3 times to the US while I was a student not to lose our green card. From August 2015 to July 2016 I was able to come only once, but it took less than a year & more than 6 months. 

On late July 2016, I came to the US and started to find my job. And after a few months, I got jobs and never left the country for more one month (I left the country to visit my wife only). I lived with my relative for about 6 months and then rented an apartment and moved there in 2017.

I have filed my taxes for 2016 until 2019 (for 4 years, not 5 years). As I said, I did not have a job (income) because I was a full time student in my country. 

Anyway, I was outside of the US about 430 days during 5 years ago. 

 

Now that I want to apply, it says that I may not meet the Continuous Residency Requirement (I was outside of the US for more than 6 months and less than a year). I know that I should show some evidence.

 

Is there any evidence beside my university degree (to prove that I was a student from 2012 to 2016) that I can prove?

 

I don't have pay stubs or bills or insurance as I didn't have income. My only relative here was my uncle. My family were with me.

 

I know they may deny the application based on that fact, but I thought since there is a big line in front of the applicants, I feel I'm losing more time down the the road. 

By the way, I'm not in the army or my parents & wife are not US citizen. 

 

Thank you so much for your time!

 

I was in your situation and I had residence in the US all the time but when consulted an attorney was advised not to apply until completing 5 years from my last entry to the US. I waited and applied after 5 years and waiting for an interview.

If you have filed taxes every in the last 5 years, you have a small chance to be approved. If you have not filed taxes in the last five years and given the information you provided, you have no chance to be approved.

[AKKH 48]

Thanks 🙏!

 

It seems that I need a little more time to apply safely. I filled out the tax return form for 2015, ready to file, with the income of $0.

Another question, do they review the form once it is submitted or it could take months until they review it (given the current situation)?

 

If it happens that they review my form 6 months later, then I wont be breaking the continuous residency at that time. It seems very unlikely to guess that! 
 

Edited July 20, 2020 by AKKH

[Nitas_man 3,100]

19 hours ago, AKKH said:

Hello VJ members,

 

I wanted to ask if someone has had my situation in the past about naturalization application and its process. I have not applied yet as I'm gathering documents and putting them into my USCIS account. I am located in Illinois right now.

Here is my story: 

 

I got my green card on July 2014. At the time of moving to the US I was a student in my home country (finished 2nd year of 4 years program).

We came here and asked some counselors in universities (in person) and they told us if I can come and apply for master, it would be cheaper and better. So I decided to finish my university and study and come to the US. I traveled 3 times to the US while I was a student not to lose our green card. From August 2015 to July 2016 I was able to come only once, but it took less than a year & more than 6 months. 

On late July 2016, I came to the US and started to find my job. And after a few months, I got jobs and never left the country for more one month (I left the country to visit my wife only). I lived with my relative for about 6 months and then rented an apartment and moved there in 2017.

I have filed my taxes for 2016 until 2019 (for 4 years, not 5 years). As I said, I did not have a job (income) because I was a full time student in my country. 

Anyway, I was outside of the US about 430 days during 5 years ago. 

 

Now that I want to apply, it says that I may not meet the Continuous Residency Requirement (I was outside of the US for more than 6 months and less than a year). I know that I should show some evidence.

 

Is there any evidence beside my university degree (to prove that I was a student from 2012 to 2016) that I can prove?

 

I don't have pay stubs or bills or insurance as I didn't have income. My only relative here was my uncle. My family were with me.

 

I know they may deny the application based on that fact, but I thought since there is a big line in front of the applicants, I feel I'm losing more time down the the road. 

By the way, I'm not in the army or my parents & wife are not US citizen. 

 

Thank you so much for your time!

 

4 years and 6 months after your entry you should be able to file with no question.  Jan, 2021

[AKKH 48]

10 hours ago, Nitas_man said:

4 years and 6 months after your entry you should be able to file with no question.  Jan, 2021

Thank you for your response.

 

That's what I thought based on what they said on USCIS site.

I think I need to wait until then! Though I'm putting everything together for it so I don't wait on gathering the information. By the time in 2021, probably I'm able to file my 2020 taxes and not even worry about the 2015.

 

 

[AKKH 48]

Hi VJ members! 

I am about to apply for citizenship, here's the table of my travels in the USCIS account (I hid the countries names that I traveled, all of them since 2017 are for visiting my wife):

My GC was issued in July, 2014, 5-year GC. Am I assuming correctly that there should not be a question about residency? My 2015 tax return (1040) is just $0, hopefully that's fine? Should I wait to file 2020 & not include the 2015 or it doesn't matter? 

 

 

Thank you!

[ThaOne 101]

3 hours ago, AKKH said:

Hi VJ members! 

I am about to apply for citizenship, here's the table of my travels in the USCIS account (I hid the countries names that I traveled, all of them since 2017 are for visiting my wife):

My GC was issued in July, 2014, 5-year GC. Am I assuming correctly that there should not be a question about residency? My 2015 tax return (1040) is just $0, hopefully that's fine? Should I wait to file 2020 & not include the 2015 or it doesn't matter? 

 

 

Thank you!

I can't talk about the residency portion of your case, as that part I do not know. As for the taxes, we are in January, so you should have your W2s already to file your 2020 taxes. I filed my N400 January 31/February 2020 and after COVID delay finally got interview January 2021 and now OATH next week. Maybe I missed something, but when I applied (5 year rule) the form asked if I had "always paid taxes", but at no point did it require me to upload those taxes. If I remember, in the instructions they asked if you paid taxes the past 5 years and it was part of what you had to bring with you at the interview whenever you got the interview, which in your case even if you filed today wouldn't be till at least June 2021. By then surely you would have filed your 2020 taxes.

Either way, many people had pointed out that they brought their taxes at the interview and were not even asked to show them. The same happened to me. I had them, but he just asked me as they go through your N400 application with you at the interview from the beginning (name, address, employment...) to the "YES or NO" questions on the form. When we got to the tax he just asked "you have been filing your taxes?", I said yes and he moved on. He didn't ask to see them at all. It all depends on who is interviewing you. Anyway, my point is at the time of filing, unless it has changed, for 5 year N400 application nowhere did it ask me to upload taxes and I didn't. So go ahead and file your N400, don't wait. Whenever you get your interview bring all the taxes you have with you including the 2015 and keep them in hand in your folder with all your documentation. Do not volunteer to even give it to the officer until asked. If they don't ask, don't give. If he asks, you give 2020, 2019, 2018, 2017, 2016 (5 years). But bring the 2015 with you just in case. 

I think the ones who need to upload are the people filing under the 3 year rule but that could also be due to the fact that it is also I way to show if the applicant is still in a bona fide (if filed jointly) marriage which is a condition for filing only after 3 years. Ones under the 5 year rule just have to bring it at the interview.