N-400 Case Pending due to extended stay out of U.S.

[jayarajmuthukumarasamy]

Hi,

  I had applied Form N-400 for my in-laws and things were progressing well until my father-in-law went for the interview/test. He passed the test (on English and US History). However, his case is pending since he was out of the country once for about 9 months. He did so by applying for advanced parole. In the past 5 years he has been physically in the country for 1220 days (40 months). USCIS wants evidence that he did not abandon his GC. Since he has never been employed he has not filed taxes and doesn't have anything else like utility bills, property tax statements, etc.

 

What are his options? What kind of proof do we need to give.

 

btw, both his daughters are US citizens and his wife (my mother-in-law) passed her test as well and she is on her way to the Oath - even though she was also out of the country for the same 9 months that he was out. Can we make a case that all his immediate family members are US citizens (or soon to be in his wife's case)

 

I'd appreciate if someone could help. Thanks

[t75]

It sure looks like he was not a really living in the US having been here a relatively small amount of time and has not filed taxes on his world wide income.

 

It does not matter that other family members are citizens.

 

He really should have made a point to really live in the US and do the things required (like file taxes - even if no tax was due).

 

Depending on his age (like if he us younger than 6 or US retirement age), it may appear that he was working in his home country. If he was under US retirement age, he should have been attempting to work in the US.

[rational_me]

There is certainly no requirement that he should have worked. But filing taxes is another thing. If he was resident here and was not working or making money, he has to have been dependent on you. You may have claimed him as dependent on your tax return and that documentation should be sufficient proof.