Legal Question in Immigration Law in California

Hi

I have a green card and applying for citizenship. I am not a permanent employee but I have worked freelance on some projects for the past few years. How, what and where should I mention this in the N400 citizenship application form. Will I be asked any questions regarding this at the citizenship interview? I couldnt find any information on this.

Any help is greatly appreciated.

Thanks


Asked on 8/21/09, 12:19 am

2 Answers from Attorneys

Larry L. Doan Law Office of Larry L. Doan

In Part 6B, Page 3, of the current Form N-400, it asks for your employment information. Just list the projects you have worked on and for whom, with brief descriptions of what they were about. You can always add a sheet of paper and explain that you are a free-lancer. Of course, you will be asked at the naturalization interview how you have managed to support yourself during the past five years at least. However, unless you are a public charge (getting government aid), I don't see your employment as a big issue in the citizenship application.

Larry L. Doan

www.GuruImmigration.com

http://guruimmigration.wordpress.com (blog)

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Answered on 8/21/09, 1:22 am
Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

As a freelancer, you are likely paid with a 1099 rather than a W-2 and are self-employed. If that's the case and your jobs were similar, then you could simply do one entry as a self-employed individual who worked in your occupation at various locations (or from your address), or you can list every single employer and state you were a self-employed whatever your occupation is separately. This isn't a big deal.

Public charge is an issue of admissibility, not citizenship. What is an issue for citizenship via naturalization, on the N-400 form is whether you are a person of good moral character. One way this is proven is by the filing of tax returns each year as a resident. If you did not file tax returns each year, this could pose a challenge to finding good moral character unless you can prove (perhaps with a letter from your accountant or your own interpretation of the IRS circular) your exemption from filing.

Feel free to contact me at [email protected], 818 609 1953 or visit me at http://www.yardum-hunter.com.

Alice Yardum-Hunter, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization; A Super Lawyer 2004-2009, Los Angeles Magazine

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Answered on 8/21/09, 2:04 am


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