I was granted permanent residence status July 1987. On that occasion, I stayed in the United States (US) for approximately three months before returning to Jamaica. During that time, I worked and paid taxes. I have been travelling back and forth since then bearing in mind the length of time one can remain out of the country.
I must state that the main reason for this is marriage and my grandmother who is now 100 years old. My father, who is a citizen, had heart surgery and returned to the island about five years ago. I am the only one in Jamaica to see that they are cared for.
On my last visit to the US in May 2009, I was told that I should renew my card or file for citizenship. I am now 52 years old and I would be grateful for your advice as to what are my best options. seeing that I have not been working in the US and filing taxes, can I apply for citizenship?
- MG
Dear MG
To qualify for US citizenship you must legally meet the following criteria:
Be a permanent resident (green card holder) for at least five years (three years if you obtained residency through marriage to a US citizen and, at the end of three years, you are still married and still living with that US citizen).
For the preceding five years (or three years) you must not have been absent from the United States for a period of six months or more.
For the preceding relevant period, your total absences from the United States must not equal more than half the time. (E.g. in five years, you must have been in the United States at least 913 days).
You must be a person of good moral character - you must file your yearly income-tax returns, you must show proof of paying child support if you are obligated to do so and if you have ever been arrested, you must consult with an immigration lawyer before filing for your citizenship.
You need to list all the trips that you have made into and out of the United States over the last five years to determine exactly how many days you have spent inside the United States.
Based on your question, you would not appear to be eligible for US citizenship because you may have spent more time in Jamaica over the last five years than you have in the United States.
On the application for citizenship, you must list where you have lived and worked for the last five years, and if your employment for the last five years has been outside the United States, the burden is going to shift to you to prove that the United States has actually been your domicile. Many people live in the US, i.e. have their domicile in the US and work outside the country. When the burden shifts to the applicant, you must provide documentary evidence, e.g. active bank accounts, active credit cards, to prove that your domicile is the United States.
You may know of other Jamaicans who tell you that they have never lived in the United States but they obtained US citizenship - that may be well and good, but what I have outlined is the standard required by United States Citizenship and Immigration Services (USCIS) to obtain citizenship.
Once you are a green card holder you are required to file US income tax returns by April 15th of each year for the prior year - whether you are living and working in the United States or not.
If, as in your situation, you are the only caregiver for elderly family members in Jamaica and you can document their needs, you can apply for a Re-Entry Permit that would allow you to legally remain in Jamaica for up to two years without being penalised by the US government. You must be in the United States to file for a re-entry Permit as you must be fingerprinted before leaving the US. If the Re-Entry Permit is approved, you would collect it at the USICS office in Kingston, Jamaica.
You must be the holder of the older type green card with no expiration date. USCIS is requiring persons with that older green card to turn them in and obtain the newer, machine-readable green cards with a 10-year validity date. When you apply for the new green card you should also expect to be fingerprinted in the United States.
Dahlia A. Walker-Huntington, Esq. is a Jamaican-American attorney who practices law in Florida in the areas of immigration, family, corporate & personal injury law. She is a mediator, arbitrator and special magistrate in Broward County, Florida. info@walkerhuntington.com