U.S. Citizenship/Naturalization


Attorney_22

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This week, Murthy Law Firm attorneys will answer questions regarding U.S. citizenship and the naturalization process.

Rules for Topic of the Week Threads:

1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.

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Dear Attorney,

I have two questions on the N400 application.

1. The maximum of 900 days is permitted outside the country in the preceeding five years. ( Each travel not exceeding 6 months or one year). If someone has totalled almost 900 days, say 800, or 750 days, is this a negative point in the approval process? Is it better to delay the application in such a case even though eligibility criteria is met?

2. If someone does not file tax return in the current year having filed all the other previous four years, will he have issues in the approval process? The reason for not filing is not required due to not reaching the income threshold.

Thank you.

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Dear Attorney,
 
I have been in the US for almost 17 years. First in H1B status and then as a legal permanent resident for last 6 years. I have no brushes with the law except for a pink summons by NYPD in NYC four years ago for a simple trespass violation which was subsequently down graded to a public health law violation and I paid a $25 fine in the NYC criminal court. Which box should I mark in the Form N400-Question 24 which asks if I have ever been charged with crime or offense? -Yes or No as it was a simple violation which is not a crime and reduced to health law violation. Should I provide the summons details and disposition along with N400 form or not? Will there be any issues because of this in the present scenario? Please advise.
 
Thank you.
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On 6/23/2017 at 4:28 PM, Papan said:

Dear Attorney,

I have two questions on the N400 application.

1. The maximum of 900 days is permitted outside the country in the preceeding five years. ( Each travel not exceeding 6 months or one year). If someone has totalled almost 900 days, say 800, or 750 days, is this a negative point in the approval process? Is it better to delay the application in such a case even though eligibility criteria is met?

2. If someone does not file tax return in the current year having filed all the other previous four years, will he have issues in the approval process? The reason for not filing is not required due to not reaching the income threshold.

Thank you.

Provided you meet the statutory minimum physical presence requirement, you are eligible. It is acceptable to not file a tax return when you are not required to, however you should explain this in the application.   

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On 6/23/2017 at 6:08 PM, Gupta090 said:
Dear Attorney,
 
I have been in the US for almost 17 years. First in H1B status and then as a legal permanent resident for last 6 years. I have no brushes with the law except for a pink summons by NYPD in NYC four years ago for a simple trespass violation which was subsequently down graded to a public health law violation and I paid a $25 fine in the NYC criminal court. Which box should I mark in the Form N400-Question 24 which asks if I have ever been charged with crime or offense? -Yes or No as it was a simple violation which is not a crime and reduced to health law violation. Should I provide the summons details and disposition along with N400 form or not? Will there be any issues because of this in the present scenario? Please advise.
 
Thank you.

The term "offense" can be interpreted very broadly and therefore it is advisable to be conservative when deciding how best to complete the form. 

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