Glen Cove, NY asked in Immigration Law for New York

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.

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1 Lawyer Answer
Agnes Jury
Agnes Jury
  • Immigration Law Lawyer
  • Traverse City, MI

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!

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