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Citizenship eligibility question

Citizenship eligibility question

Old Mar 8th 2005, 7:13 am
  #1  
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Default Citizenship eligibility question

I want to apply for my US Citizenship this month, I have been a LPR since June, 2000 - in Sept. 2000 i left the US and only return within just 12 months.
(Sept. 2001). Does someone know if the INS keep records when LPR leave the USA? And if so, will they have kept records prior to 9/11?
If i apply for my US CItizenship, with the accurate departure and arrival date, do you think i will be granted my US Citizenship OR should i "fix" the dates, so that it shows i was out of the country for less than 6 months?

If someone knows what is the best solution, please let me know.

Many thanks!
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Old Mar 8th 2005, 11:43 am
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Default Re: Citizenship eligibility question

The best solution? Never lie! 'Specially not when it comes to the USCIS.
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Old Mar 8th 2005, 12:07 pm
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Default Re: Citizenship eligibility question

Originally Posted by belindapearl
should i "fix" the dates, so that it shows i was out of the country for less than 6 months?
Bad bad bad bad. If you try to "Fix" anything and the USCIS catch you then bye bye LPR and never return. If somehow you manage to fix it and get citizenship (unlikely) then they later discover it you will have you citizenship revoked and be permanently deported. as the previous poster said NEVER LIE, PARTICULARLY TO THE USCIS

THE RULES ARE:

"Overview of the Citizenship Process and Disability Waivers

In this article, The Law Office of Sheela Murthy, P.C. will attempt to provide a broad overview of applying for U.S. citizenship and the waivers available to certain categories of disabled applicants who could be exempt from some of the conditions required for becoming a citizen of the U.S.

Applying Generally :

For those who are required to apply for naturalization, there are many criteria to determine if a person is eligible to apply for U.S. citizenship. The basic requirement is that a person must be a legal permanent resident (LPR), and at least eighteen years old to apply for naturalization in the United States. While there are exceptions to this rule such as honorable service in the US military during a time of war or declared hostility, the basic rule is LPR and eighteen years of age.

In addition to the LPR status and age requirements, there are three types of residency requirements. The first is the requirement that after you have obtained your LPR status you must have been a permanent resident of the US for a period of four years and nine months before filing your application, or two years and nine months if you obtained LPR status by marriage to a US citizen and you remained married for at least that time. This does not mean that you have to be physically present in the U.S. for the entire waiting period. A person is permitted to leave the country on trips of less then six months duration each, as long as s/he is physically present in the U.S. for more than half the time frame mentioned above, prior to filing. When determining what is considered half the waiting time period, calculate as 5 years of residency generally, and three years of residency for those who obtained LPR status through marriage to a US citizen1.
"

So I'm afraid that by being out of the country for nearly 12 months "reset" your 5 year waiting period.

Yes the INS keep very accurate records. So now you wont be eligible for citizenship until sept 2006.

Please note im not a lawyer and this is just a laypersons view. If in doubt you should consult an immigration lawyer.

Last edited by ImHere; Mar 8th 2005 at 12:11 pm.
 
Old Mar 8th 2005, 12:28 pm
  #4  
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Default Re: Citizenship eligibility question

Originally Posted by ImHere
Bad bad bad bad. If you try to "Fix" anything and the USCIS catch you then bye bye LPR and never return. If somehow you manage to fix it and get citizenship (unlikely) then they later discover it you will have you citizenship revoked and be permanently deported. as the previous poster said NEVER LIE, PARTICULARLY TO THE USCIS

THE RULES ARE:

"Overview of the Citizenship Process and Disability Waivers

In this article, The Law Office of Sheela Murthy, P.C. will attempt to provide a broad overview of applying for U.S. citizenship and the waivers available to certain categories of disabled applicants who could be exempt from some of the conditions required for becoming a citizen of the U.S.

Applying Generally :

For those who are required to apply for naturalization, there are many criteria to determine if a person is eligible to apply for U.S. citizenship. The basic requirement is that a person must be a legal permanent resident (LPR), and at least eighteen years old to apply for naturalization in the United States. While there are exceptions to this rule such as honorable service in the US military during a time of war or declared hostility, the basic rule is LPR and eighteen years of age.

In addition to the LPR status and age requirements, there are three types of residency requirements. The first is the requirement that after you have obtained your LPR status you must have been a permanent resident of the US for a period of four years and nine months before filing your application, or two years and nine months if you obtained LPR status by marriage to a US citizen and you remained married for at least that time. This does not mean that you have to be physically present in the U.S. for the entire waiting period. A person is permitted to leave the country on trips of less then six months duration each, as long as s/he is physically present in the U.S. for more than half the time frame mentioned above, prior to filing. When determining what is considered half the waiting time period, calculate as 5 years of residency generally, and three years of residency for those who obtained LPR status through marriage to a US citizen1.
"

So I'm afraid that by being out of the country for nearly 12 months "reset" your 5 year waiting period.

Yes the INS keep very accurate records. So now you wont be eligible for citizenship until sept 2006.

Please note im not a lawyer and this is just a laypersons view. If in doubt you should consult an immigration lawyer.
Yes, it appears that your trip for almost a year failed to satisfy the "continuous residence" 5 years as a Permanent Resident without leaving the United States for trips of 6 months or longer. I agree a consult would be a good idea, as we do not know if there were special circumstances related to the trip you took. Good luck.
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Old Mar 8th 2005, 12:40 pm
  #5  
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Default Re: Citizenship eligibility question

Originally Posted by belindapearl
I want to apply for my US Citizenship this month, I have been a LPR since June, 2000 - in Sept. 2000 i left the US and only return within just 12 months.
(Sept. 2001). Does someone know if the INS keep records when LPR leave the USA? And if so, will they have kept records prior to 9/11?
If i apply for my US CItizenship, with the accurate departure and arrival date, do you think i will be granted my US Citizenship OR should i "fix" the dates, so that it shows i was out of the country for less than 6 months?

If someone knows what is the best solution, please let me know.

Many thanks!
I am in the same position as you and will apply for US citizenship this month. As regards the best solution to your situation, if I were you, I would tell the truth.

That way, there would be nothing to "bite you in the ass" at any point from now on.

BTW- your post is an immigration related issue so I am closing this thread. Please send me a private message if you do not want me to move this to the US Immigration forum, elsewhere on British Expats.
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