Legal Question in Immigration Law in Virginia

Obtaining Citizenship

Gentlemen,

Below I am referencing a question from Form N-400 regarding continuous residence.

Form N-400 (Rev. 01/22/2009)

Part 10. Additional Questions

Section C. Continuous Residence

Question #14

Have you ever failed to file a Federal, State, or local Tax return because you considered yourself to be a nonresident?

My husband (U.S. citizen) and I have always filed a joint return for both Federal and Virginia State since becoming a resident alien. In 2004, I was out of the country on a reentry permit. That year we filed both State and Federal returns as usual. But, because I was on a reentry permit that yearm we filed our Virginia income return as a Nonresident. Our address on the returns was our Miami, Florida mailing address.

My question is whether our filing the 2004 Virginia State return, as a nonresident, has any effect on my eligibility?

Thank you for your prompt response.


Asked on 2/22/09, 8:15 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Obtaining Citizenship

No, not with your explanation which clarifies why you may not have felt yourself to be a bonified resident of the state of Virginia during this particular time period while, of course, presumably continuing to regard yourself as a legitimate resident of the United States which is what this question is really meant to probe(in my opinion).

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Answered on 2/22/09, 11:35 pm


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