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I put a similar post elsewhere, but some of my points were not very clear, and as this is very importanty, I am posting this here for a second opinion with my points expressed more clearly.
I am a British citizen, and at the end of July 2004 I obtained legal permanent residency in the USA. My understanding is that I can submit my N-400 application for naturalization form up to 90 days before the 5th aniversary of obtaining residency, so I can do this at the beginning of May. I obtained my "Green Card" based on a work visa, so the 5 year rule applies. At the end of July I will have fulfilled the following conditions: Part A: 1) I will have been a permanent resident for at least 5 years. 2) I will have spent at least 50% of the previous 5 years physically in the USA. 3) All my trips abroad have been for a duration of less than 6 months. 4) I will have been resident in Arizona where I plan to file for at least 90 days before filing. However, I have some questions, which may raise some flags: Part B: 1) In 2007 and 2008 I was employed by a university in France, and was out of the USA for three periods of time, but always for less than 6 months continuously. However, I am wondering if having worked abroad could be an issue. I have been declaring my French income on my Arizona and Federal Tax forms, and have been filing as a US resident. I also plan to provide the addresses were I lived in France on the N-400 form. Additionally I have been absent from the USA for several much shorter times, but always just for a vacation. 2) Will having a bank account in France be an issue at my naturalization interview, if I am asked? 3) For my first visit to France of 3 months in 2007 I maintained my apartment in Arizona. For the other two visits and the time between these two visits I had all my personal effects in storage. If there is a problem with (B1) can this show my intention to return to the USA? 4) A lawyer I spoke to on the phone said that having given up my employment before working in France in 2007 could be an issue in an interview, particularly as I am unable to get re-employed. However, both jobs were temporary and part-time with continually renewed contracts, one of which I gave up well before I even knew about the possible work in France. At the moment I am only doing some substitute teaching On returning to the USA in the fall of 2008 one job had since disappeared, and another is not available due to budget cuts. However, the college where I was teaching before 2007 provided me with certificates in December 2008 stating that I am entitled to be employed by them, they just don't have the funds. Again, is this a problem? 5) My understanging is that it currently takes 8 months for the N-400 to be processed here in Tucson. It is highly likely that I may travel again outside the USA, but will make sure that (A1), (A2) and (A3) remain valid. However, what is the law regarding (A4) if I break my 90 days physical presence in Arizona between filing the N-400 form and my interview? I would be most grateful for some kind help with these queries. Christopher Sharp |
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An additional issue is that not having a job at the moment, and thus also no health insurance, I applied for AHCCCS Arizona state health insurance earlier this year. My application was declined on the bases of not having US residency for 5 years (it will be 5 years at the end of July). I am appealing this and will have my hearing on April 30, which as it happens is the day before I plan to submit my N-400 form.
If the decision is in my favor, will this have any effect on my application for naturalization? Hopefully I will be able to secure suitable employment in the next few months, but if the worst happens I may still be on AHCCCS insurance in several months, if indeed I am accepted for it. I would most appreciate any kind advice on this and on my previous posting - many thanks. Christopher Sharp |
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| Tags |
| "foreign employment", "green card", n-400 |
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