Results 1 to 3 of 3
  1. #1
    Join Date
    Nov 2008
    Posts
    2

    Question Gaining US Citizenship While Outside the US

    Are there any circumstances in which a person can obtain US citizenship while failing the physical presence residency test?

    - I am a Canadian Citizen, married to a US Citizen (5+ years), with a daughter who is a US Citizen (born in the USA)

    - I am a US Permanent Resident (Have a Green Card)

    - I have been approved for an N-470, which allows my time outside the US to count toward US citizenship, and to retain my permanent residency status (Green Card) while living / working outside the US (it is an approved absence)

    My understanding of the N-470, is that while it allows me to count time outside the US toward citizenship, it does not kick in until we move back to the United States, and file a petition from there.

    FYI, we are also maintaining a physical residency (home) in the State of Michigan, and I file my US taxes, every year.

    ARE THERE ANY CIRCUMSTANCES IN WHICH I CAN APPLY FOR US CITIZENSHIP BEFORE WE MOVE BACK TO THE US? I am out of the country for work and not sure how soon we'll be able to return.

    Also, when traveling back to the US to visit family, etc., should I be declaring my place of residence as the US home which we are maintaining, but failing to live in for more than 6 months per year, or the foreign address (a home we own) which is temporary in nature, even though we are here 90% of the time and probably will be for at least 3 more years???

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Gaining US Citizenship While Outside the US

    If you want to become a U.S. citizen, you must meet all of the requirements for eligibility. If you're living overseas with no intention to return to the United States in the indefinite future, what public policy reason would the United States have for extending citizenship to you, and how would you take your oath?

    When you communicate with the USCIS, you should be honest in your communication. If you believe you have violated any of the conditions of your permanent residency, or wish to bend the truth so that they don't realize that you're overseas and do not meet the requirement of physical presence, consult an immigration lawyer.

  3. #3
    Join Date
    Nov 2008
    Posts
    2

    Default Re: Gaining US Citizenship While Outside the US

    Whoa... easy there Mr. Knowitall!

    First, I have every intention of returning to the US permanently! Otherwise I'd just forget about the whole thing and save myself the burden of filing US Taxes yearly, among other things!

    Secondly, and in that context, I have always been ENTIRELY forthright with the US Government concerning my status and future intentions. I've never done anything that would disqualify me from US citizenship, and I would think having a valid N-470 would be proof enough of that fact.

    I resent the implications your making... and FYI, Canada isn't exactly overseas.

    I'm asking a legitimate question - since I've already met all other requirements for US citizenship, are there any exceptions that would allow me to proceed despite not having fulfilled the 1 year physical presence test. MY ABSENCE IS APPROVED BY THE US GOVERNMENT (hence the N-470), which is the only reason I'm asking.

    1. Sponsored Links
       

Similar Threads

  1. Naturalization: Obtaining U.S. Citizenship After Parent Denounced Their U.S. Citizenship
    By homeward.bound in forum Permanent Residency and Naturalization
    Replies: 1
    Last Post: 11-06-2009, 07:45 PM
  2. Gaining Custody In Florida
    By jbone1122 in forum Child Custody, Support and Visitation
    Replies: 2
    Last Post: 04-08-2008, 10:40 AM
  3. Gaining Custody Of A Sister
    By ashortcutie2005 in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 09-11-2007, 03:01 PM
  4. Gaining custody of my son in Colorado
    By cons mom in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 03-28-2007, 08:03 AM
  5. Gaining Custody
    By Sarah Garcia in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 11-18-2005, 05:20 PM
 
 
Sponsored Links

Legal Help, Information and Resources