Citizenship ...and the 6 month/12 month rule

[Jack Fields 0]

Hi guys,

Ive been browsing around this forum a lot, but I still need advice regarding the road to

citizenship.

I've been an LPR since, 1995. I then returned to Philippines to go to college in 2006. I

returned to the United States once or twice a year. During my stay there, I met

someone-fell in love and decided to get married. I finally finished in 2010, returned to

USA and started my career here and still continuing up till now.

I really want to get my loved one here and so I decided becoming a citizen would be the

fastest way, although I really need advice on when I can start this process.

Dates and length of travel

Phil- May 05, 2006 - 327 days in Phil

USA - Mar 28, 2007 - 41 days in USA

Phil- May 10, 2007 - 168 days in Phil

USA - Oct 25, 2007 - 10 days in USA

Phil- Nov 05, 2007 - 135 days in Phil

USA - Mar 20, 2008 - 18 days in USA

Phil- Apr 07, 2008 - 258 days in Phil

USA - Dec 21, 2008 - 15 days in USA

Phil- Jan 05, 2009 - 237 days in Phil

USA - Oct 30, 2009 - 14 days in USA

Phil- Nov 13, 2009 - 179 days in Phil

USA - May 12, 2010 - till present

I've been in the United states for 2 years and 2 months. Worked and been paying my taxes

for 2 years now. Question is....how much longer do I need to wait to apply for

citizenship? Advice would be very very appreciated >_<!

and sadly...i was too young and too stupid to know what a travel document was for.....so

I didn't get one -____-....if only I could turn back time

[warlord 73]

Not sure what rule you are talking about. There is no such thing as a 6 month or 12 month rule. Are you referring to the time outside of the the US and the big misconception that if you are out less then 6 months you are fine?

The "6 month rule" that people are always misinterpreting is this:

If a person is outside of the US for under 6 months the INS or IO etc. would have to do all the footwork to prove that person either broke continuous residency or abandoned their Green Card. So for instance, if someone left the US and decided to live in another county and work there and not have any strong ties to the US, but decides to come back for a short duration before 6 months. Then the IO or border INS might notice that. However, they would then have to gather the evidence to prove that person did in fact break their ties or residency status. So it just take a bit of work on their part to either revoke your Green Card or re-set your time clock upon the evidence they find.

After 6 months, that responsibility is up to you now and not them. So if you were gone say 7 months, then you now need to prove to the INS or IO that you did not break your residency or abandon your Green Card. They then would review all your supporting documents and decide what happens.

So someone can be out of the country only 3 months (and this has happened) and have had their Green Card abandoned and have lost all status. Another person (which happens as well) can be gone 8 months and had enough proof and have been totally fine.

It's all about the ties you keep, the nature of your trips, how often you are away outside the US, how often you are back in the US between stays, and so on.

The 12 months rule is pretty much, if you do not have a re-entry permit, the INS will declare your Green Card abandoned without the need for anyone to prove you didn't.

Just remember none of these rules are set in stone, they are very soft and very up to the discretion of the officers themselves. They are just guides that are loosely used.

But as for the many you get these things wrong, coming back for a short visit before 6 months and then leaving again is meaningless and actually is worse then just staying out of the country with a re-entry permit in most cases as that gives the officers more fuel that you in fact have reset your clock and/or have abandoned your Green Card status.

So in your timeline situation those short visits in the US mean pretty much nothing. Your time clock would be most likely reset. However, it seems they have not abandoned your GC and you have been here now for 2 years and 2 months without any time away. So your clock would have most likely reset in 2010. There are some odd rules that I can't quite remember that might make your wait a bit shorter, but it's been so long I can't recall what those are. I'm pretty sure most (maybe not all) IO's will say your clock reset back in 2010 and then you would have to wait the 3 or 4 or 5 years from that date (unless you can find those other rules that I can't remember)...

Edited July 3, 2012 by warlord

[JohnR! 5,495]

Hi guys,

Ive been browsing around this forum a lot, but I still need advice regarding the road to

citizenship.

I've been an LPR since, 1995. I then returned to Philippines to go to college in 2006. I

returned to the United States once or twice a year. During my stay there, I met

someone-fell in love and decided to get married. I finally finished in 2010, returned to

USA and started my career here and still continuing up till now.

I really want to get my loved one here and so I decided becoming a citizen would be the

fastest way, although I really need advice on when I can start this process.

Dates and length of travel

Phil- May 05, 2006 - 327 days in Phil

USA - Mar 28, 2007 - 41 days in USA

Phil- May 10, 2007 - 168 days in Phil

USA - Oct 25, 2007 - 10 days in USA

Phil- Nov 05, 2007 - 135 days in Phil

USA - Mar 20, 2008 - 18 days in USA

Phil- Apr 07, 2008 - 258 days in Phil

USA - Dec 21, 2008 - 15 days in USA

Phil- Jan 05, 2009 - 237 days in Phil

USA - Oct 30, 2009 - 14 days in USA

Phil- Nov 13, 2009 - 179 days in Phil

USA - May 12, 2010 - till present

I've been in the United states for 2 years and 2 months. Worked and been paying my taxes

for 2 years now. Question is....how much longer do I need to wait to apply for

citizenship? Advice would be very very appreciated >_<!

and sadly...i was too young and too stupid to know what a travel document was for.....so

I didn't get one -____-....if only I could turn back time

These are the requirements for citizenship. It is my understanding you are referring to the 5-year rule as far as residence. Take a look at the link below where you can get more details if you wish. Good luck!!!

Source: http://www.uscis.gov/USCIS/Resources/B3en.pdf

What are the basic requirements to apply for naturalization?

Generally, to be eligible for naturalization you must:

•Be age 18 or older;

•Be a permanent resident for a certain amount of time (usually 5 years but less for some individuals);

•Be a person of good moral character;

•Have a basic knowledge of U.S. history and government;

•Have a period of continuous residence and physical presence in the United States; and

•Be able to read, write, and speak basic English. There are exceptions to this rule for someone who:

-Is 55 years old and has been a permanent resident for at least 15 years; or

-Is 50 years old and has been a permanent resident for at least

20 years; or - Has a permanent physical or mental impairment that makes the individual unable to fulfill these requirements.

[GB55 11]

Dates and length of travel

Phil- May 05, 2006 - 327 days in Phil

USA - Mar 28, 2007 - 41 days in USA

Phil- May 10, 2007 - 168 days in Phil

USA - Oct 25, 2007 - 10 days in USA

Phil- Nov 05, 2007 - 135 days in Phil

USA - Mar 20, 2008 - 18 days in USA

Phil- Apr 07, 2008 - 258 days in Phil

USA - Dec 21, 2008 - 15 days in USA

Phil- Jan 05, 2009 - 237 days in Phil

USA - Oct 30, 2009 - 14 days in USA

Phil- Nov 13, 2009 - 179 days in Phil

USA - May 12, 2010 - till present

Hi Jack,

If I were you, I could consult the form N-400, which is the application for naturalization. On this application, on page 5, you will find a Naturalization Eligibility Worksheet which you can go through to determine if you are eligible for naturalization or not. My link

A few questions here:

1. Are your parents LPRs as well? If so, were you listed as a dependent on their taxes for all the years you were attending university overseas?
   
2. How old were you when you attended university?
   
3. Were you still on your parents' insurance while overseas? (Car, Health, Etc)
   
4. Have you ever filled your US taxes as a Non-Resident? (This one is very important because if you have done so, you automatically declared that you were foregoing residency in the USA)
   
5. On your USA taxes, where did you list your permanent residency?
   

I ask these questions because I, like you, went to university in another country while on a greencard. I didn't know the rules either but became a citizen earlier this year. If you were listed as a dependent on your parents' taxes, always filled your taxes as a resident, and always listed your permanent residency as within the USA, you might have a chance. A lot of students go to other countries for University and extended periods of stay outside the country may be forgiven depending on the IO.

So, let's go one by one with the requirements for naturalization on the 5th page of the worksheet:

1. I am at least 18 years old. Since you went to university, I'm going to assume you are over 18.

2. I am a Permanent Resident of the United States, and I have been issued a Permanent Resident Card (formerly called Alien Registration Card). True

3. I have been a Permanent Resident for 5 years or more. True

4. During the last five years, I have not been out of the United States for 30 months or more. I added up all the days you spent outside the US since 2007 and divided it by 30 and you are at 27 months outside the US. You should provide proof of the items I mentioned above, however, to state that you were in school (school transcripts, diploma) and that you maintained permanent residency here during that time. The weight is on you to prove you didn't intend to break the residency requirements. Personally, I was outside the US for a total of 29 months out of the 5 years and was still able to receive my citizenship because I proved those things.

5. During the last five years (or the last three years if I qualify under Attachment A),I have not taken a trip out of the United States that lasted one year or more. You seem to satisfy this requirement

6 . I have resided in the district or state in which I am applying for citizenship for the last three months. True since you've been there for 2 years, unless you recently moved to another state within the past 3 months.

And the rest is very basic. From my point of view, as long as you have sufficient proof of these things, you should be fine and can apply for naturalization.

Good luck!

[Jack Fields 0]

thanks for the advice guys >xD~~

@warlord, so you mean to say that even if I never returned for those short visits and as long as I keep my "ties" to this country, even after 4 straight years of college in another country. They will still grant me entrance to the US?......idunno......@_@

@gegel, thank you for the awesome link!

@gb55, thanks for clarifying that link >xD, I guess we pretty much were on the same boat

question

1. yes

2. exactly 18

3. yes

4. nope

5. permanent resident in NYC for...a long long time

I can probably prove those requirements on the 5th page without any problems

thank you so much for the info >xD

im gonna go fill up the forms and see where luck takes me haha

danke danke danke>xD

[NigeriaorBust 4,087]

On the check list you are kind of tight on the question about being out for more than 30 months in the last 5 years. I assume you were registered for selective service and filed taxes while you were out of the states ?

[Jack Fields 0]

I was still a dependent when I went to college, did I still have to file taxes then?

I'm registered for selective service

[virgo8 0]

I have another question, if ever you get denied for citizenship because you lack the number of months/years staying in the country will they give you back the application fee or not? That is what I'm worried about.

[UMUC 3]

I have another question, if ever you get denied for citizenship because you lack the number of months/years staying in the country will they give you back the application fee or not? That is what I'm worried about.

No they won't

[NigeriaorBust 4,087]

The fee is for processing the application. As soon as it has a case number you fee is gone.

[GB55 11]

I was still a dependent when I went to college, did I still have to file taxes then?

I'm registered for selective service

You have to file taxes for every year you earned income (including scholarships) whether you are a dependent or not. US citizens and green card holders must declare worldwide income.

[Udella&Wiz 325]

You have to file taxes for every year you earned income (including scholarships) whether you are a dependent or not. US citizens and green card holders must declare worldwide income.

His parents may have claimed him, he wouldn't necesarily have had to file himself - my daughter is in a similar position (having been claimed on our taxes that is)

[GB55 11]

His parents may have claimed him, he wouldn't necesarily have had to file himself - my daughter is in a similar position (having been claimed on our taxes that is)

From the IRS website:

Question: How much does an unmarried dependent student have to make before he or she has to file an income tax return?

Answer: If you are an unmarried dependent student, you must file a tax return if your earned and/or unearned income exceeds certain limits.

To find these limits refer to Who Must File, Dependents in Publication 501, Exemptions, Standard Deduction and Filing Information.

Even if you do not have to file, you should file a federal income tax return if you can get money back (for example, had income tax withheld from your pay; you qualify for the earned income credit; you qualify for the additional child tax credit). See Who Should File in Publication 501, Exemptions, Standard Deduction and Filing Information, for more examples.

[Jack Fields 0]

awesome....I never did have any income of any sort, nor did I have scholarships -___-! I think the limit is 950 dollars

I guess I was a spoiled brat back then @_@!

[Jack Fields 0]

thanks for the help guys although I still need this one clarified >_<.

Part-7 Question A. How many total days did you spend outside of the United States during the Past 5 years?

should I start counting from the beginning of 2007 or EXACTLY 5 years ago which is July 11, 2007?

-going by what GB55 posted (thanks btw!!) I assume you started counting EXACTLY 5 years ago; to which you concluded that I have stayed 27 months outside the United States.