Help with citizenship application

[ext 0]

I am sorry raven52, I haven't filled a timeline, I got my green card long time ago, hoping to apply for citizenship, once I apply I promise I will fill it in.

I decided to stop at an immigration attorney's office and ask about my problem.

Found out several things I had no idea about.

For example, say my continuous residence started in 2010; arrived in the US, say, January 1st, 2010. That would mean that, if until January 1st, 2015, I will have met 30 months (913 days) in the US requirement, and not have stayed abroad for more than 6 months at one time, I could apply. Well, at least that's what I knew.

Lawyer said I was wrong. If I arrived in the US January 1st, 2010, spend 2 months in the US, 5 months abroad, and spent another 3 in the US, departing again in October 2010, that means in the period January 1st, 2010 - January 1st, 2011, I have only spent 5 months in the US, meaning that the year of 2010 WILL NOT count for my continuous residence, thus I can not apply January 1st 2015, but January 1st, 2016

She also said, because I did not have a job in the US, I will have problems at my interview. She said I should have filed tax returns, but I did not have an income, so how to file?

So now I am even more confused than I was before.

[Darth Vader Qu 4]

Your lawyer is DEAD wrong and has absolutely NO idea what she is talking about. Continuous Residency and Physical Presence is measured not by calendar years, but by absolute day count. I am 100% certain of this. If you have any questions at all, feel free to post them here or ask me in private and I can try to answer your questions and/or direct you to the relevant sections of USCIS policy and the INA statutes that give clear and unequivocal guidance in this matter.

Shame on your lawyer. I would part ways with her if I were you.

I am sorry raven52, I haven't filled a timeline, I got my green card long time ago, hoping to apply for citizenship, once I apply I promise I will fill it in.

I decided to stop at an immigration attorney's office and ask about my problem.

Found out several things I had no idea about.

For example, say my continuous residence started in 2010; arrived in the US, say, January 1st, 2010. That would mean that, if until January 1st, 2015, I will have met 30 months (913 days) in the US requirement, and not have stayed abroad for more than 6 months at one time, I could apply. Well, at least that's what I knew.

Lawyer said I was wrong. If I arrived in the US January 1st, 2010, spend 2 months in the US, 5 months abroad, and spent another 3 in the US, departing again in October 2010, that means in the period January 1st, 2010 - January 1st, 2011, I have only spent 5 months in the US, meaning that the year of 2010 WILL NOT count for my continuous residence, thus I can not apply January 1st 2015, but January 1st, 2016

She also said, because I did not have a job in the US, I will have problems at my interview. She said I should have filed tax returns, but I did not have an income, so how to file?

So now I am even more confused than I was before.

[ext 0]

I might have explained this the wrong way.

That was just an example with January 1st as a date.

You may consider any date, say I arrived in the US in June 2010, in the interval June 2010-June 2011 I need to have spent at least half the time in the US (that's what she said).

What you are saying, if I understand correctly, is that, I could have arrived in the US January 1st, 2010, spent one month in the US, then stayed abroad for 5 months, then 1 month in the US, then 5 abroad again, and still qualify to apply January 1st, 2015?

Edited August 7, 2014 by ext

[ext 0]

I just looked on the N400 form, I was abroad so many times, there's not even enough space (only 6 columns/lines) for me to fill in. Also one thing -it is required to check X if you failed to file tax returns any of the years since becoming a resident.

I'm just saying this because she said this was important...

Edited August 7, 2014 by ext

[Darth Vader Qu 4]

I might have explained this the wrong way.

That was just an example with January 1st as a date.

You may consider any date, say I arrived in the US in June 2010, in the interval June 2010-June 2011 I need to have spent at least half the time in the US.

What you are saying, if I understand correctly, is that, I could have arrived in the US January 1st, 2010, spent one month in the US, then stayed abroad for 5 months, then 1 month in the US, then 5 abroad again, and still qualify to apply January 1st, 2015?

To simultaneously satisfy the Physical Presence and Continuous Residency requirements, an applicant for naturalisation applying under the 5-year statute must:

1) Have been physically present in the United States for at least 913 days in the five-year period preceding the submission of his application (arrival and departure days are credited for Physical Presence)

2) Have spent no more than six months outside the United States on any given trip

To answer your question in the hypothetical example, yes, you would still be eligible to apply in January 2015 even if you did establish the pattern of travel you mentioned in your post as long as you satisfied 1) and 2) above. As a pedantic disclaimer, I should point out that while it is misleading to claim that in certain given periods (say, the calendar year of 2012, or, as you suggested, "the interval June 2010-June2011") half of the time must be spent in the United States. If such an interval is a year, then naturally, you must have spent at least half of it in the United States to stay below the six-month threshold; however, Continuous Residency is a cummulative consideration and is not restricted to any defined time periods within your statutory period.

Ditch your lawyer.

[Darth Vader Qu 4]

I just looked on the N400 form, I was abroad so many times, there's not even enough space (only 6 columns/lines) for me to fill in. Also one thing -it is required to check X if you failed to file tax returns any of the years since becoming a resident.

I'm just saying this because she said this was important...

Is it important to check X? Your question is too vague and cannot be properly answered; well, at least not by me.

Please do not learn the hard way that just because someone is a lawyer, she is qualified and informed to give immigration advice when she has already demonstrated that she is not.

[JimmyHou 613]

I just looked on the N400 form, I was abroad so many times, there's not even enough space (only 6 columns/lines) for me to fill in. Also one thing -it is required to check X if you failed to file tax returns any of the years since becoming a resident.

I'm just saying this because she said this was important...

The form tells you to attach another sheet of paper if you don't have enough room. The number of trips doesn't matter, it's the total number of days spent outside the US that counts.

I don't think the advice you got from your lawyer is correct.

Since you didn't file taxes, I would mark that box and then send in an explanation of how you were not required to file because of your income level. Also print out the section of the IRS document that explains that you didn't have to file and take that with you to the interview.

Edited August 8, 2014 by JimmyHou

[ext 0]

So you never heard of this rule either, that between within any period of 1 year, you must be present at least 6 months in the US?

She kept saying that if I arrived in the US in February 2010, then in the period February 2010-February 2011, I need to stay at least 6 months in the US.

If I arrived in the US in February, stayed 2 months, left 5 months, arrived back 2 months, then away 3 months, her opinion was that the year would not count.

I have no idea where she came up with that, tried to find it online but couldn't.

[JimmyHou 613]

So you never heard of this rule either, that between within any period of 1 year, you must be present at least 6 months in the US?

She kept saying that if I arrived in the US in February 2010, then in the period February 2010-February 2011, I need to stay at least 6 months in the US.

If I arrived in the US in February, stayed 2 months, left 5 months, arrived back 2 months, then away 3 months, her opinion was that the year would not count.

I have no idea where she came up with that, tried to find it online but couldn't.

No such rule.

The physical presence and continuous residence requirements are clearly spelled out here:

http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD.html