[Franky123]

Hi there,

I am a LPR and now considering being a citizen. I have a few questions and would really appreciated any help and advice. I have been a LPR since 2004 (PR for eight years). However, in 2005 I was out of the country for about 9 months. Although I have not been out of the country since then will this affect my N400 application?

Anything concern I have is that I am graduate student and for a few of the years I have been here I did not file a tax return because I was not working and just living off of my savings while I was a full time student. What do I do about this as the N400 form asks about filing taxes?

One last question: If my N400 application is denied will I lose my greencard?

I appreciate any responses. Thanks

[jeffreyhy]

Have you looked at the Guide to Naturalization available on the USCIS web site, and gone through the flow chart to see if you qualify? Have you read the table of requirements to be met?

Originally Posted by Franky123 I am a LPR and now considering being a citizen. I have a few questions and would really appreciated any help and advice. I have been a LPR since 2004 (PR for eight years). However, in 2005 I was out of the country for about 9 months. Although I have not been out of the country since then will this affect my N400 application?

You answer the question that is asked. Be aware that not working is not a valid reason for not filing an income tax return. Not having any income is a valid reason for not filing an income tax return. Many people do not work, but do have an income.

Originally Posted by Franky123 Anything concern I have is that I am graduate student and for a few of the years I have been here I did not file a tax return because I was not working and just living off of my savings while I was a full time student. What do I do about this as the N400 form asks about filing taxes?

No. Unless the review of your case determines that you were not eligible to become a Permanent Resident in the first place.

Originally Posted by Franky123 One last question: If my N400 application is denied will I lose my green card?

[Franky123]

Originally Posted by jeffreyhy Have you looked at the Guide to Naturalization available on the USCIS web site, and gone through the flow chart to see if you qualify? Have you read the table of requirements to be met? You answer the question that is asked. Be aware that not working is not a valid reason for not filing an income tax return. Not having any income is a valid reason for not filing an income tax return. Many people do not work, but do have an income. No. Unless the review of your case determines that you were not eligible to become a Permanent Resident in the first place.

Hi, Thanks for your reply! Yes, I have read the guide but I do not find it too helpful. I have not left the country for 5 years so it says I qualify, but there be an issue that I was out of the country for 9 months before that.

I did not have an income except for my savings and financial aid and according to IRS I shouldn't file on financial aid. Do you think there is something I could get some the IRS to justify the times I have not filed a tax return?

[md95065]

Originally Posted by Franky123 I did not have an income except for my savings and financial aid and according to IRS I shouldn't file on financial aid. Do you think there is something I could get some the IRS to justify the times I have not filed a tax return?

The requirements for filing Federal tax returns are spelled out quite clearly here on the IRS web site.

USCIS wants to know that you filed all required Federal tax returns.

If your income did not meet the filing threshold in any given year then you were not required to file and that is all the justification that you need for not having filed.

[Franky123]

Originally Posted by md95065 The requirements for filing Federal tax returns are spelled out quite clearly here on the IRS web site. USCIS wants to know that you filed all required Federal tax returns. If your income did not meet the filing threshold in any given year then you were not required to file and that is all the justification that you need for not having filed.

Hi there,

Thank you so much for your advice. So because I was not required to file, is it okay to check on the n400 form that I never failed to file a required tax return?

[ian-mstm]

Originally Posted by Franky123 So because I was not required to file, is it okay to check on the n400 form that I never failed to file a required tax return?

Yes.

Here's something that maybe you don't fully understand. There is no financial requirement for filing an N-400. There is, however, a requirement that you have demonstrated "good moral character" for the 5 years immediately prior to your application. Filing a tax return demonstrates that you have tried to maintain GMC by filing returns when you were required to do so.

That's why they ask about filing tax returns. That you were a student is irrelevant. That you were not working is irrelevant. That you weren't required to file because you had no income is relevant.

Ian

[jeffreyhy]

That's a shame, I find the Guide to be very good.

Originally Posted by Franky123 Hi, Thanks for your reply! Yes, I have read the guide but I do not find it too helpful.

Well then, there you go.

Originally Posted by Franky123 I have not left the country for 5 years so it says I qualify,

What's the issue?

Originally Posted by Franky123 but there be an issue that I was out of the country for 9 months before that.

As another poster has written, the IRS instructions for filing an income tax return provide the information you need. You can find the IRS instructions on the IRS web site.

Originally Posted by Franky123 I did not have an income except for my savings and financial aid and according to IRS I shouldn't file on financial aid. Do you think there is something I could get some the IRS to justify the times I have not filed a tax return?

Regards, JEff