Need some advice on my Naturalization application

[Alex Ve 5]

Hello all. I am a LPR holder for 5 years (DV Lottery winner) and I am thinking of applying for naturalization based on 5 years of residency NOT marriage ( In 2019 I got married and this past September we had our first baby), but I have some concerns and I am not sure how to address them on the application. I want to be truthful obviously, I just would like to know if there is any risk of denial for some reason. I will list my concerns below in case anyone has a similar experience. This website and the posters have been very helpful all these years and I appreciate all the help.

 

1. Tax return

I got my green card on 11/13/2015 and landed in NYC on the following day. In 2016, I asked the accountant which I was referred to by the community if I should file taxes for the period of 2015 and he specifically told me that I do not need to file because I was an LPR only for two months in 2015 (Nov-Dec) and I didn't have any job or bank account. But lately I have been reading that you are required to file taxes even if you are an LPR for one day or so. Is there a legitimate reason I should be concerned about this? Can I file a tax return for 2015 just to be safe if that is an option at all?

 

2. Multiple travels outside of US in the past 5 years ( I am listing below detailed dates and sum of days outside of the US)

 

ARRIVAL IN US as LPR on 11/14/2015        

                               

DEPARTED 01/22/2016 ARRIVAL 03/05/2016           44 DAYS

DEPARTED 06/11/2016 ARRIVAL 06/21/2016          11 DAYS

DEPARTED 04/12/2016  ARRIVAL   12/21/2016       18 DAYS

DEPARTED 07/26/2019  ARRIVAL   07/30/2019       5 DAYS

 

On two of those trips visiting my home country, I also did two trips to Europe to attend a conference.

 

TOTAL DAYS OUTSIDE OF THE US: 88

 

3. Traffic tickets and 5 points on my driver's record.

 

- I got my first traffic ticket on Dec 2018 for cellphone use and I hired an attorney that told me that the ticket was dismissed.

- Next year, I got one more for cell phone which I was found guilty and paid the fine.

- Disobeying traffic device. Hearing is scheduled for 2021.

 

I also got two more tickets for red light and no standing bust stop but I wasn't driving my car so the tickets were issued to the owner of the car but I paid them of course. Should I mention those at all since I didn't provide my driver's license but I was driving the vehicle.

 

Thanks for taking the time to read my case and I will look forward to hear opinions.

 

Edited October 28, 2020 by Alex Ve

[Lucky2Lucky 2,526]

You did not need to file in 2015 as you had no job. Your time outside of the US is no problem- you still meet the resident requirements. You report the traffic tickets but it shouldn't have an affect on your naturalization. Just drive more careful lol 

[sweetadams 138]

2 hours ago, Alex Ve said:

Hello all. I am a LPR holder for 5 years (DV Lottery winner) and I am thinking of applying for naturalization based on 5 years of residency NOT marriage ( In 2019 I got married and this past September we had our first baby), but I have some concerns and I am not sure how to address them on the application. I want to be truthful obviously, I just would like to know if there is any risk of denial for some reason. I will list my concerns below in case anyone has a similar experience. This website and the posters have been very helpful all these years and I appreciate all the help.

 

1. Tax return

I got my green card on 11/13/2015 and landed in NYC on the following day. In 2016, I asked the accountant which I was referred to by the community if I should file taxes for the period of 2015 and he specifically told me that I do not need to file because I was an LPR only for two months in 2015 (Nov-Dec) and I didn't have any job or bank account. But lately I have been reading that you are required to file taxes even if you are an LPR for one day or so. Is there a legitimate reason I should be concerned about this? Can I file a tax return for 2015 just to be safe if that is an option at all?

 

2. Multiple travels outside of US in the past 5 years ( I am listing below detailed dates and sum of days outside of the US)

 

ARRIVAL IN US as LPR on 11/14/2015        

                               

DEPARTED 01/22/2016 ARRIVAL 03/05/2016           44 DAYS

DEPARTED 06/11/2016 ARRIVAL 06/21/2016          11 DAYS

DEPARTED 04/12/2016  ARRIVAL   12/21/2016       18 DAYS

DEPARTED 07/26/2019  ARRIVAL   07/30/2019       5 DAYS

 

On two of those trips visiting my home country, I also did two trips to Europe to attend a conference.

 

TOTAL DAYS OUTSIDE OF THE US: 88

 

3. Traffic tickets and 5 points on my driver's record.

 

- I got my first traffic ticket on Dec 2018 for cellphone use and I hired an attorney that told me that the ticket was dismissed.

- Next year, I got one more for cell phone which I was found guilty and paid the fine.

- Disobeying traffic device. Hearing is scheduled for 2021.

 

I also got two more tickets for red light and no standing bust stop but I wasn't driving my car so the tickets were issued to the owner of the car but I paid them of course. Should I mention those at all since I didn't provide my driver's license but I was driving the vehicle.

 

Thanks for taking the time to read my case and I will look forward to hear opinions.

 

You do not have anything to worry about. You did not meet the requirement for filing tax in 2015. Your trips outside the US is also good as you met the residency requirement. However, I think you should consider a handheld device for your car. Most cars now have a connected mobile phone app and if you need a private conversation....Please park lol..... I am sure you are going to be fine.

[Alex Ve 5]

Thanks for your replies. I know it looks dumb and bad but I got most of those tickets while working in nyc and I had to manage the office I worked for non-stop among other things. I'm so much better off now, I got a better paying job and I don't get to drive in the city anymore. So, if I get this right my answers to the application questions should be as follows:

 

22. Have you EVER committed, assisted in committing, or attempted to commit, a crime or offense for which you were NOT arrested?  NO

23. Have you EVER been arrested, cited, or detained by any law enforcement officer (including any immigration official or any official of the U.S. armed forces) for any reason? YES

24. Have you EVER been charged with committing, attempting to commit, or assisting in committing a crime or offense? NO

25. Have you EVER been convicted of a crime or offense? NO

26. Have you EVER been placed in an alternative sentencing or a rehabilitative program (for example, diversion, deferred prosecution, withheld adjudication, deferred adjudication)? NO

Edited October 28, 2020 by Alex Ve

[NEW CITIZEN 151]

Read the other posts about traffic citations.

[Alex Ve 5]

23 minutes ago, NEW CITIZEN said:

Read the other posts about traffic citations.

I have, but I read conflicting opinions about it. Some say you don't have to answer on the application that you have been cited traffic tickets (that don't involve being drunk or involving an accident obviously) and others state that you have to answer yes to show good moral character instead of waiting to see if the IO will bring it up on the interview day. And I haven't read a case that involves so many tickets in a period of 5 years, so while my tickets do not involve DUI or any kind of accident I'm a little bit concerned that my traffic ticket history and one of them currently being scheduled for 2021 might paint a bad picture of my case on the interview day. What if the IO asks me "Why did you plead not guilty for the ticket in progress? Wasn't the police officer right to issue you a ticket since you broke the law?" I don't know, something like that. Maybe I'm just freaking out more than I should. 

Edited October 29, 2020 by Alex Ve

[NEW CITIZEN 151]

On 10/28/2020 at 5:55 PM, Alex Ve said:

I have, but I read conflicting opinions about it. Some say you don't have to answer on the application that you have been cited traffic tickets (that don't involve being drunk or involving an accident obviously) and others state that you have to answer yes to show good moral character instead of waiting to see if the IO will bring it up on the interview day. And I haven't read a case that involves so many tickets in a period of 5 years, so while my tickets do not involve DUI or any kind of accident I'm a little bit concerned that my traffic ticket history and one of them currently being scheduled for 2021 might paint a bad picture of my case on the interview day. What if the IO asks me "Why did you plead not guilty for the ticket in progress? Wasn't the police officer right to issue you a ticket since you broke the law?" I don't know, something like that. Maybe I'm just freaking out more than I should. 

I never mentioned my tickets, and its been WAAAAYYY more than 5 years!!!