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Nisha Jones, Esq.
Nisha Jones, Esq., Lawyer
Category: Immigration Law
Satisfied Customers: 1073
Experience:  Managing Attorney at a Law Firm
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I am 63 years old male, I have been USA resident ( card)for

Customer Question

Hi, I am 63 years old male, I have been USA resident ( green card)for over 7 years. Although I kept a USA adress where bank statements and other documents will be forwarded. I have been staying mostly in Colombia, returning to the USA every 3 months and staying as long as 1 month. During this time I never work in the USA, therefore I didn't do any taxes declaration. Do I Qualify to become a citizen?
Submitted: 11 months ago.
Category: Immigration Law
Expert:  Nisha Jones, Esq. replied 11 months ago.

Good morning, I am an Immigration Law attorney and former Prosecutor for the State Attorney's Office. I'll be answering your questions today, please understand this is for informational purposes only, and we do not currently have an attorney-client relationship. I've reviewed your question, please allow me just a few minutes to prepare some information for you, thank you!

Expert:  Nisha Jones, Esq. replied 11 months ago.

You may have to do a little math here, but what you should know is that as far as being away from the US, since you were never gone longer than 6 months, your "continuous residency" is intact, and you have not been considered to have abandoned your residency.

As far as applying for your citizenship, your "physical presence" in the US needs to total 4 years and 1 day in order for your citizenship to be approved. That's where the math comes in: you'll need to calculate how much time you spent in the US over the last 7 years, and as long as they total 4 years and 1 day, you'll be fine. (If you do not meet the total, then you'll need to make up that time and then apply).

As far as not having worked in the US, you'll just need to answer accordingly in the Form N-400 that you have not filed income tax returns. If you're asked about this in your interview or at any other time, you'll need to explain that the reason for not filing is because you have not been working and have no income to report.

I hope that helps! Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more. It doesn't cost you anything to rate me, and we can still continue our conversation for free after. Thanks, ***** ***** it!

Expert:  Nisha Jones, Esq. replied 11 months ago.

Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!