Citizenship 4 year 1 day rule

[JCA]

Hi !

I broke continuity because I had been out of the country for more than 1 year. This year I will be eligible for citizenship based upon 4 year 1 day rule. Please help me address these questions....How do I need to fill in form ?

Tax returns for the last 5 years - I wasn't here and so I didn't file it.

Last 5 year address - As I have been here for 4 years, do I need to write address for out of the country ? and also do I need to enter address since I had been there or just exact 5 year date ?

Will I be filling in the same N400 form ?

Any suggestions while filling form ?

Thanks a lot !!

[TheEpsilonChaser]

Hi JCA,
I also applied under the 4 years + 1 day rule. I am no legal expert, but here's what I would do if I were you

"Tax returns for the last 5 years - I wasn't here and so I didn't file it."
-Technically, a US permanent resident is supposed to file taxes regardless of his or her residence. If you didn't file for taxes, technically it's a problem. But these kinds of things can be argued in front of USCIS. You should speak to a lawyer about it.

"Last 5 year address - As I have been here for 4 years, do I need to write address for out of the country ? and also do I need to enter address since I had been there or just exact 5 year date?"
-Only the last five years count. If you maintain absolutely no residence in the US, then maybe you should put down foreign address. But if you happened to have some kind of places which you can call home in the US during the year you were away (your family's place, relative's place, best friend's place), then put that down.

"Will I be filling in the same N400 form?"
-Yes everyone fills out the same N400

"Any suggestions while filling form ?"
-Because your case is not very straightforward, I highly recommend that you consult with and hire an attorney.

[JCA]

I will be eligible to apply for citizenship on December 20, 2016. I have these questions -

Question 1 - Travel time outside us for last 5 years -
So I went abroad in 2010 and returned in November 2012. So my 5 years would be in 2011 but since I was out from 2010, do I need to include dates from 2010 ? OR can I just write from December 19, 2011 (since that's what will be like 5 years from december 20, 2016) ??

Question 2 - Address for the last 5 years -

Same question for the address too. Should I write my home country address for that absence and also date from December 19, 2011 or 2010 ?

Hope this makes it clear. But please let me know if it doesn't... THANKSSS !!!!!!

[TheEpsilonChaser]

I will be eligible to apply for citizenship on December 20, 2016. I have these questions -

Question 1 - Travel time outside us for last 5 years -
So I went abroad in 2010 and returned in November 2012. So my 5 years would be in 2011 but since I was out from 2010, do I need to include dates from 2010 ? OR can I just write from December 19, 2011 (since that's what will be like 5 years from december 20, 2016) ??

Question 2 - Address for the last 5 years -

Same question for the address too. Should I write my home country address for that absence and also date from December 19, 2011 or 2010 ?

Hope this makes it clear. But please let me know if it doesn't... THANKSSS !!!!!!

Here's my response

Question 1: You only need to write that from Dec. 19, 2011 to 2012 you were away. It's true that your continuous residence was broken longer than a year, but USCIS is completely oblivious to your exit and entry record beyond the past five years.

Question 2: Yes you should write down the address corresponding to the date you reported earlier.