Q: On N-400, should I provide 5 years of info for questions that don't specifically ask for 3 years(married to US Citizen)?
The N-400 form and instructions are inconsistent if 3 or 5 years of information should be provided if you are married to a US Citizen. Specifically, Part 1 is clear that 3 years applies as a lawful permanent resident, but Part 5 asks for 5 years about my residence and Part 8 asks for 5 years of information about Employment and Schools attended.
Part 9 asks about Time Outside of the United States for the last 5 years, asking for the date I left the US, date returned to the US, if it was more than 6 months, and the total days outside the US. Of course before I was granted a K-1 fiancee visa, I was outside of the US for more than 6 months, but as this all proceeded my FIRST entry into the US, I am not sure how to complete this section either.
A: You should answer the question asked and provide 5 years of information regardless of how long you have been a permanent resident. Also, USCIS has recently changed their practice of reviewing the immigration
history of a naturalization applicant during the naturalization process and will now be looking at that history in light of the current interpretations of the law, so even if something was approved because there was no guidance
at the time or the guidance was unclear, USCIS could now say the approval was a mistake. So it is imperative to consult with an immigration attorney prior to filing for naturalization. Best wishes!
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.