Tom_Jim

Hi Baricur,

This is an interesting question. This scope of the current version of the N400 relating to income taxes is definitely broader than its last iteration. When I filed my N400 (immediate version before this one), the language relating to the status of income tax filings was this:

Since becoming a lawful permanent resident, have you ever failed to file a required Federal, State, or local tax return?

There was one year where I earned below the filing threshold, therefore, I did not file a required tax return. It filters out people who didn't file a return because they were not required to. However, the current language tightens that threshold to:

Have you ever not filed a Federal, State, or local tax return since you became a Permanent Resident.

The revision has given USCIS less latitude by removing the word "required" that in a way, compels someone in your position to answer, "Yes". On it's technical merits, you should write "Yes" to this question. However, answering "No" to Part B of the same question should "cure" you of whatever looming inquiries arise from answering yes.

There was a thread on here that it did cause some issues. That person had to show proof of their marriage and reasons for the divorce, as the dates were so close. I would not take it for granted that they wouldn't look into those dates and be prepared.

Showing proof of bona fides isn't a problem. They already filed the removal of conditions. Simmer down.

...The date is so close, it definitely raised suspicious if I am the person reviewing your file...there a lot of sham marriage. I am not saying yours are ..but the pattern is pretty common.

You are an alarmist and your answers are not helpful.

OP:

Unless your second marriage isn't bona fide, you will not have issues. Congrats.

No, it will not make a difference

Sounds about right.

I'm not a lawyer so I may have misunderstood what I read, but some of the posts above don't seem to be accurate. Reading the INA, an LPR can be found inadmissible for certain reasons outlined (mainly) in Sections 212 and 237 of the INA. Some of these reasons for in admissibility do not require a judicial order. A judicial order would be required to revoke LPR status but not to deny entry in some cases.

For criminal activity, as pointed out above, a standing removal order has to be in place. So the posts above are correct that a judge has to make the ruling. However, an LPR can he held in detention at the point of entry until the ruling is made. As someone mentioned, LPRs sometimes surrender their status in order to be allowed to leave, especially if they think the CBP has a strong case against them.

There are other reasons for which an LPR can be denied entry, however, without a judicial order.

For health reasons (if the LPR) an LPR can be denied entry if there is a risk of having contracted a communicable disease.

Conditional permanent residence can be denied entry if their marriages have ended.

There are several other cases listed in various sections of the INA. Some require a judicial order of removal but some do not. Some are temporary and some are not.

Any thoughts?

Really thorough answer. Thanks.

So yes, one can be denied entry even though one is an LPR.

"Our office?"

https://help.cbp.gov/app/answers/detail/a_id/932/kw/LPR%20inadmissibility

Can a Lawful Permanent Resident (LPR) be denied reentry into the U.S.?

The short answer is that Lawful Permanent Resident's (LPR) convicted of certain crimes cannot be denied reentry into the U.S., although they will be referred to an Immigration Hearing to determine deportability. Once a determination of deportability has been made, the LPR status is revoked, and a deportation order handed down. Obviously, once such an order has been issued, a former LPR would not be allowed entry into the U.S. after any subsequent trip out of the U.S. unless a Waiver of Inadmissibility (I-192) is granted or if a Port Director approves a temporary parole (usually for humanitarian purposes). The legal grounds for removal of LPR status are found in the Immigration and Nationality Act, Section 237.

An LPR remains an LPR until an immigration judge makes a determination that they are no longer an LPR. All LPRs have the legal right to a hearing before an immigration judge.

Office. A place where people work, etc.

An LPR, in the place of where I work, was sent back to Manila after she attempted to enter as an LPR after she was away for more than 1 year. CBP determined her then and there, abandonment of her LPR status and was not allowed entry into JFK. I'm hoping that's clear enough.

"Our office?"

https://help.cbp.gov/app/answers/detail/a_id/932/kw/LPR%20inadmissibility

Can a Lawful Permanent Resident (LPR) be denied reentry into the U.S.?

The short answer is that Lawful Permanent Resident's (LPR) convicted of certain crimes cannot be denied reentry into the U.S., although they will be referred to an Immigration Hearing to determine deportability. Once a determination of deportability has been made, the LPR status is revoked, and a deportation order handed down. Obviously, once such an order has been issued, a former LPR would not be allowed entry into the U.S. after any subsequent trip out of the U.S. unless a Waiver of Inadmissibility (I-192) is granted or if a Port Director approves a temporary parole (usually for humanitarian purposes). The legal grounds for removal of LPR status are found in the Immigration and Nationality Act, Section 237.

An LPR remains an LPR until an immigration judge makes a determination that they are no longer an LPR. All LPRs have the legal right to a hearing before an immigration judge.

Her inadmissability was not based on "certain crimes".

Not quite. LPRs cannot be denied entry to the US, but CBP can refer them to immigration court and ask an immigration judge to revoke their green card.

There are two cases that our office has processed in the last 3 years where LPRs were denied entry. So, yes, quite.

I understand all the reason for NOT filing for USC as my wife has no plans to file at this time. Maybe when we travel around the world more and she sees the advantages of not having to get a visa to just about every country, she may change her mind. It is just the OP has been a LPR for 20+ years and is now asking about a trip that might jeopardize his ability to file for USC. The worst that can happen is that the citizenship plans will have to wait for 4 more years.

Dave

No. The worst thing that can happen is they deny him re-entry.

If your overseas job is that flexible where you can just come to-and-fro, sure... why not.

If after 20+ years as a LPR you are now worried about USC, then why not file for citizenship and this becomes a non-issue? Any trip of more than 6-months can disrupt your continuous residency period and you will loose all time in the US towards USC except for 364 days. So you would need 4 years plus 1 day to file for USC unless married to a USC. You may want to study this and the associate pages before making a decision that bites you in the backside.

Dave

Ironically enough, filing for citizenship may be an issue for some people (I'm not inferring the OP is in this boat). Some LPRs don't file for citizenship because they may have had class A demeanors, or maybe even some felonies. Filing for citizenship may render them ineligible to naturalize, so they keep their LPR status.

You take a risk

I understand that there is no need, but I don't want to be rude with my attorney, who is also my friend, and since it won't cost me a penny, I find it difficult to say no...

Leave the codependency behind. If it's that difficult for you to say no, then, say yes.

Really simple stuff here.

There would be no need to send a lawyer.

Thank you so much!! One more question, if you don't mind, how did you sign Part 12 (Your Signature) of your N-400 form? Was it the regular "illegible" signature or just simply your name in cursive? Really appreciate your help!!

I signed my official signature for my legal documents and banks - the unintelligible signature, so-to-speak. Or, you can sign your full name in cursive - it won't matter.

Good luck!

P.S.: When you eventually sign your actual naturalization certificate, they will require you to sign your "true and complete" signature, which is your full name in your penmanship (doesn't have to be cursive by the way).

This inquiry couldn't be more cryptic.

Filing complicated USCIS forms and petitioning the process is clearly not in your "friend"'s purview. If you can't clearly articulate the precise nature of your friend's issue here, tell her/him to seek someone who can try to solve this in an expert manner.

Good day everyone!

I'm trying to complete my N-400 Application form, and had 2 questions I was hoping someone can assist me with.

1) Money Order: I got mine from Bank of America and I was wondering if I should put anything else other than the U.S. Department of Homeland Security, Purchaser's Name, Signature and Address? I wasn't sure if I needed to write my Alien Number and the purpose of payment somewhere in the money order since it doesn't have a memo like a personal check.

2) Signature: This question may have been answered previously, but hopefully someone will be able to repost-- do I sign it the way I always sign my checks in an "illegible" way or is this simply writing my full name in cursive?

Thank you so much for all your help. I really appreciate it!

1. If it were me, I would write in the notes section: "Form N-400; A#: 12345678"; and

2. since the N-400 doesn't ask the bearer's "true and complete signature", you can sign it as you do your checks, or other legal documents. Or, you can sign it with your true and complete signature if you wanted to.

She's you're aunt, and Filipino, and she sponsored you? That prob. took literally 25 years to do.

My N400 application was the thinest application I ever had to do for USCIS.

Mine was less than 20 pages (old N400)

Mazel! Perfect re: registration to vote! Just in time for Pres. Clinton, V 2.0!

I had my interview yesterday in Atlanta and passed. Now finally a citizen! woohoo.

We drove up from Alabama the day before and stayed at a hotel down the street from USCIS to be sure there were no delays and we got there on time. They don't let you check-in earlier than 30 minutes from your appointment, but you can go inside and clear security and wait if you like., They have vending area and restrooms etc.

Interview took less than 10 minutes. Aced the test, didn't have to provide any evidence (I filed based on 5 year residency) and he marked my case as approved. I was booked in for the same day oath ceremony later that day. The ceremony was quite brief, they were expediting it as there was 100 people taking the oath! We swore allegiance, watched a video from the president and accepted our naturalization certificates. Glad it's all over, what a ride. Now to update SSN, driver's license, get a passport, register to vote...

Good luck to everyone else!

Probably no problem.

I just hate to see people who do not play "by the rules, start to finish".,.,..,over staying etc..,., is just plain wrong.

People need to stop trying "to beat the system."

It's not going to be an issue when it comes to naturalization from an overstay (felonies and some misdemeanors may prevent you from natrualizing, but the overstay in itself is not an issue for spouses who received their immigration benefits from USCs.)

And what do you mean, "rules"? The general rule is, "if you're married to a USC (which constitutes an "immediate relative" to the beneficiary) and you overstayed, you may successfully apply for an adjustment of status." That person did it from "start to finish". There are other ways to do AOS. You probably did it via a K1, K3 or something like that. Doing this way is another way. It's not a "wrong" way. They may have overstayed their welcome, but the rules in the INA don't penalize people who adjust this way. If you think it's wrong, I suggest you write to your congressman and just lay off the judgment of people's situation you know nothing of.

I just came home from court, let me tell ya, my attorney is the best in the world.... DUI charge is dismissed and reckless driving charge was reduced to improper lane and the case is completely closed. USCIS gave me until May 25th to respond back with court disposition documents, the clerk was very busy today and she told me to come back Monday to court and get the disposition to send for immigration. Thank you all for your support and good luck to those who are going in a similar situation. this has been such a huge experience. IF YOU EVER GET APPROACHED BY A COP, NEVER NEVER EVER TALK TO THEM UNDER NO CIRCUMSTANCES!

Great news, Moe. Good luck with the rest of the immigration journey!

And yes, never EVER talk to a cop.

64 not that old and not an issue.

Relatively, 64 can be ancient.

As long as she can pass muster on the N400, especially being able to establish good moral character (i.e., no multiple felonies or misDs, etc.), she will have no issues. My grandmother adjusted successfully when she was 89.

They may send correspondence to you at your old address. It takes negligible minutes to fill the COA form, and is a requirement. Also, the person you're referring to "...didn't know I had to notify USCIS". This person knows, and there's the difference.

File the COA and be compliant. We're not in Brazil or the Philippines anymore.

Only a handful of district offices offer same-day naturalization ceremonies. Even then, it doesn't mean you will naturalize that day. You're required to inform USCIS and have 10 days of moving to inform them. If you receive subsequent correspondence in the mail (for same-day naturalization as it was in my case, the last correspondence from USCIS in the post was indeed my interview letter) for RFEs, etc., they will mail it to you to whatever address you have in their system. If you do not change your address, they will continue to send posts to your old address and you may miss time-sensitive documents from them, which in turn, may delay and/or jeopardize your application.

In other words, here you go: https://egov.uscis.gov/coa/displayCOAForm.do

I don't know much about SS, however, when you came over when you were 16, were you the beneficiary of an F2, or, were you already an LPR? If you came as a beneficiary of an F2, I believe you did not have to register since the F2 is a nonimmigrant visa.