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I've been a legal resident for 5 years. Yet, I live abroad and have never filed a tax report. How can I apply for citizenship?
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Immigration and Nationality Law Attorney serving New York, NY
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Alan Lee & Arthur Lee, Attorneys at Law
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Assuming that you are qualifying for citizenship under the five-year rule, you must have been physically present at least 2 1/2 years and not have left the US for one year or more during any one trip. Absences of six months or more can be construed as abandoning residence for naturalization purposes, although that can be rebutted by good reasons and showing ties and bonds in the US during that time. Not filing a tax report if you have been earning enough money to pay US taxes could be construed as a failure of good moral character, which could further bar an individual from citizenship. You could resolve that issue by filing amended returns. If you have been excessively outside the US, and you are subject to the five-year rule, you could begin a new period of physical residence in the US and file four years and one day after the time that you actually began residing again in the US as your country of permanent domicile. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Oct 23rd, 2015 at 11:59 AM