Citizenship and N400. Been outside of U.S more than 6 months

[African Zealot 1,452]

To be clear, it seems there’s some erroneous information floating around. The reentry permit does not excuse you from the continuous presence requirements. If you have a reentry permit and are out of the country for 18 months for example, your green card is preserved but you have broken the continuous presence requirements and have to start afresh.

 

In your case you were out almost ten months straight plus within the last two years you’ve only been in the USA for a total of a few months plus you’re working abroad.

 

Given the totality of your circumstances, I would deny you naturalization without hesitation and believe the vast majority of adjudicators will do the same.

[aznhouston 124]

You don't seem to have any ties to the US, read the page

 

https://www.uscis.gov/green-card/after-we-grant-your-green-card/maintaining-permanent-residence

 

Of course it's up for debate, but even though you can technically submit for N400, there's no guarantee they will approve you. And once your 10 year GC expires, they won't likely to extend it. What would you answer if the immigration judge ask what you need the GC for? To spend a month per year in the US? A tourist visa can do just fine, even better, no visa is required for an EU person.

Edited June 22, 2022 by aznhouston

[Mike E 11,723]

23 minutes ago, aznhouston said:

And once your 10 year GC expires, they won't likely to extend it.

I’ve never heard of I-90 being denied for insufficient physical presence.  

Quote

 

What would you answer if the immigration judge ask what you need the GC for? To spend a month per year in the US? A tourist visa can do just fine, even better, no visa is required fo.

What would cause OP to go in front of an immigration judge?

[African Zealot 1,452]

27 minutes ago, Mike E said:

I’ve never heard of I-90 being denied for insufficient physical presence.  

I was also skeptical like yourself however when I did a search, it confirmed it’s not one of the top reasons for denials however several sources said it does happen.

 

27 minutes ago, Mike E said:

What would cause OP to go in front of an immigration judge?

I think he’s saying AFTER the OP gets denied for failing to establish the USA as their primary home and is issued an NTA……….

[Scott Br 164]

One other thing to consider. As a Green Card holder, you are required to pay US taxes on your income. It seems you are living and working in Europe. That income is also considered to be taxable. You will need to present US IRS tax transcripts when filing the N400, or even renewal of the 10 yr green card. If you cannot provide the transcripts, then expect denial on either.

[Gnaget 1]

21 minutes ago, Scott Br said:

One other thing to consider. As a Green Card holder, you are required to pay US taxes on your income. It seems you are living and working in Europe. That income is also considered to be taxable. You will need to present US IRS tax transcripts when filing the N400, or even renewal of the 10 yr green card. If you cannot provide the transcripts, then expect denial on either.

There is a taxagreement between Sweden and United States so I don't need to pay US tax on my Swedish income.

[Chancy 6,233]

1 hour ago, Gnaget said:

There is a taxagreement between Sweden and United States so I don't need to pay US tax on my Swedish income.

 

Even if you do not owe the IRS any tax money, you are still required to file taxes.  Have you been filing US taxes to declare your worldwide income?

 

[Lil bear 3,831]

1 hour ago, Gnaget said:

There is a taxagreement between Sweden and United States so I don't need to pay US tax on my Swedish income.

No but you must declare all worldwide earned and passive income .. then the tax agreements means you wont be double taxed 

[Gnaget 1]

Thank you everyone for your replies.

You have confirmed what I already suspected, that we will need at least 4, maybe 5 more years before we can apply for citizenship.