Published on Lawyers.com and the Epoch Times on December 16, 2016
Q & A.
Citizenship
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?
Mr. Lee answers:
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.
About Dual Citizenship
Does America allow dual citizenship with Australia? For example if I move to Australia and obtain citizenship for their country will I maintain my citizenship here in American?
Mr. Lee answers:
The US allows dual citizenship with Australia. If you move to Australia and become an Australian national, you will not lose your US citizenship.
With H-1 Pending After Oct 1st and Opt Finished, Can I Work After Oct 1st Without Pay?
I want to know if it will be a problem for any future visits to US.
Mr. Lee answers:
US immigration law does not prevent anyone from working as a volunteer. This means of course no compensation whatsoever, including payment for transportation or lunches or deferred pay. By the same token, federal and state labor laws could penalize an employer who does not compensate someone who works for them.
After Filing Waiver How Long Does It Take to Get a Receipt?
Mr. Lee answers:
If filing a waiver application with U.S.C.I.S., a receipt will usually come within 3-4 weeks.
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