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Form N-400 filling questions
I am at the point of filing for citizenship for my mother. I had previously asked (http://www.immihelp.com/forum/showth...reentry-permit) about the date when she would be eligible but did not get a definitive answer. Anyway, here are the details and I have a bunch of questions as I fill the form.
Aug 13, 2007 - issued immigrant visa
Jan 25, 2008 - entered US as an immigrant
Apr 9, 2009 - Left US
Sep 7, 2009 - Entered US (out for 151 days)
May 6, 2010 - Left US with a 2 year reentry permit
Mar 17, 2012 - Entered US using 2 year reentry permit (out for 681 days, had to take care of some personal business in India)
Jun 7, 2012 - Left US
Jun 10, 2012 - Entered US (out for 3 days on a trip to Canada)
Jan 15, 2013 - Left US
Jun 29, 2013 - Entered US (out for 165 days)
Nov 24, 2013 - Left US
May 8, 2014 - Entered US (out for 165 days)
Aug 27, 2015 – Left US
Dec 9, 2015 – Entered US (out for 104 days)
Filing on Mar 18, 2016.
I arrived at the Mar 18, 2016 date based on http://www.ecfr.gov/cgi-bin/text-idx...16_15&rgn=div8. In particular, the para 316.5 (c) 1 (ii) which deals with “absences from the US for period in excess of one(1) year” which has the following sentence:
“An applicant described in this paragraph who must satisfy a five-year statutory residence period may file an application for naturalization four years and one day following the date of the applicant's return to the United States to resume permanent residence.”
I am interpreting Mar 17, 2012 as my mother’s return to resume permanent residence, and 4 years and 1 day after that is Mar 18, 2016.
1. Is my interpretation and the filing date of Mar 18, 2016 correct? Does a rejection due to “filing too early” affect future naturalization applications adversely? Or is the only loss the application fee and the time spent in preparing the application?
2. Part 4, question 1 asks “Where have you lived during the last 5 years?” During her trips outside the US, she lived in India at address A. Should I enter A for those periods? Or should she enter the US address where she continued to maintain a residence (even in her absence)?
3. Part 8 Time outside the US section 3 asks to “list all trips of 24 hours or longer that you have taken outside the US during the last 5 years” How should I enter the trip of more than 1 year? The date she left the US is May 6, 2010 but that is more than 5 years back. Should I enter
Date left Date you returned Did trip last 6 months? Countries visited Total days
5/6/2010 3/17/2012 yes india 681
Or
3/18/2011 3/17/2012 yes india 364
As 3/18/2011 is the earliest date in the 5 year window from 3/18/2016? Or something else? Also, see 4 below.
4. Part 8 Question 1 asks “How many total days did you spend outside the US during the last 5 years”? Is the answer expected to be the total of all days listed in part 3? I think I should enter 364 + 3 + 165 + 165 + 104. That tells me that I should put in 364 for the previous question.
5. Part 11 question 7 A is “Have you ever not filed a federal, state or local tax return since you became a permanent resident?” My mother did not file tax returns in her early years because her income was below the limit required to file a return (was told this by a tax advisor) – so, I answered “Yes” but where can I add the above explanation?
Many thanks.
- Milind
Aug 13, 2007 - issued immigrant visa
Jan 25, 2008 - entered US as an immigrant
Apr 9, 2009 - Left US
Sep 7, 2009 - Entered US (out for 151 days)
May 6, 2010 - Left US with a 2 year reentry permit
Mar 17, 2012 - Entered US using 2 year reentry permit (out for 681 days, had to take care of some personal business in India)
Jun 7, 2012 - Left US
Jun 10, 2012 - Entered US (out for 3 days on a trip to Canada)
Jan 15, 2013 - Left US
Jun 29, 2013 - Entered US (out for 165 days)
Nov 24, 2013 - Left US
May 8, 2014 - Entered US (out for 165 days)
Aug 27, 2015 – Left US
Dec 9, 2015 – Entered US (out for 104 days)
Filing on Mar 18, 2016.
I arrived at the Mar 18, 2016 date based on http://www.ecfr.gov/cgi-bin/text-idx...16_15&rgn=div8. In particular, the para 316.5 (c) 1 (ii) which deals with “absences from the US for period in excess of one(1) year” which has the following sentence:
“An applicant described in this paragraph who must satisfy a five-year statutory residence period may file an application for naturalization four years and one day following the date of the applicant's return to the United States to resume permanent residence.”
I am interpreting Mar 17, 2012 as my mother’s return to resume permanent residence, and 4 years and 1 day after that is Mar 18, 2016.
1. Is my interpretation and the filing date of Mar 18, 2016 correct? Does a rejection due to “filing too early” affect future naturalization applications adversely? Or is the only loss the application fee and the time spent in preparing the application?
2. Part 4, question 1 asks “Where have you lived during the last 5 years?” During her trips outside the US, she lived in India at address A. Should I enter A for those periods? Or should she enter the US address where she continued to maintain a residence (even in her absence)?
3. Part 8 Time outside the US section 3 asks to “list all trips of 24 hours or longer that you have taken outside the US during the last 5 years” How should I enter the trip of more than 1 year? The date she left the US is May 6, 2010 but that is more than 5 years back. Should I enter
Date left Date you returned Did trip last 6 months? Countries visited Total days
5/6/2010 3/17/2012 yes india 681
Or
3/18/2011 3/17/2012 yes india 364
As 3/18/2011 is the earliest date in the 5 year window from 3/18/2016? Or something else? Also, see 4 below.
4. Part 8 Question 1 asks “How many total days did you spend outside the US during the last 5 years”? Is the answer expected to be the total of all days listed in part 3? I think I should enter 364 + 3 + 165 + 165 + 104. That tells me that I should put in 364 for the previous question.
5. Part 11 question 7 A is “Have you ever not filed a federal, state or local tax return since you became a permanent resident?” My mother did not file tax returns in her early years because her income was below the limit required to file a return (was told this by a tax advisor) – so, I answered “Yes” but where can I add the above explanation?
Many thanks.
- Milind
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