Your advice is really appreciated! Thank you!

K

kyril

New Member
I am trying to apply for US citizenship having lived in the US for 5 years without a break. I had to leave the country 9 months ago b/c I was unemployed and received a very attractive job offer from abroad. My family is still in the Sates and bills come to my name in the States. Can I still successfully apply for the citizenship? If yes, can I live and work in the other country between submitting my N-400 and granting of citizenship?
Thank you
 
kyril said:
I am trying to apply for US citizenship having lived in the US for 5 years without a break. I had to leave the country 9 months ago b/c I was unemployed and received a very attractive job offer from abroad. My family is still in the Sates and bills come to my name in the States. Can I still successfully apply for the citizenship? If yes, can I live and work in the other country between submitting my N-400 and granting of citizenship?
Thank you
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You are required to have ties to United States while on GC. You are doing the right thing by having bills come in your name and your family living in US. Make sure you have assets in the US, including a bank account. All that means, you have a home in the US, and your stay abroad is temporary. In addition... if you work for an American company in that other country, you have an iron-clad case that will prove you do have ties with US.

To submit N-400 from a specific location inside US, you need to stay there for 3 months before submitting your N-400. You might want to follow that guideline. After submitting N-400, make sure you are in the US when being called for FP, interview and oath. Schedule for each of those 3 events depends on the District Office that will process your application. Make sure you have all the documents ready to prove you have maintained ties with US.

Hope this helps.


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Vote Bush '04
 
kyril said:
No I have not been back during these 9 months
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As long as you maintained ties with US during that period you should be OK. Make sure you collect and take proof of your ties to the interview. Proof could include, your apartment rental agreement, bank statement, bills, home, car, wife and/or mistress. It is no big deal because in this period of globalization, the USCIS sees many cases in which the applicant is outside USA but still works for US companies or maintains ties in other ways. Live happy.


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Vote Bush '04
 
You do seem to have broken the cont. residency requirement. It is best to follow the USCIS guidelines in this regard since they are being very strict about it. Is the company you are working for an American Company?

Cheers!

kyril said:
No I have not been back during these 9 months
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Per USCIS regulations you have most likely broken your Continious Residency(CR). The law does not say "you have broken your CR for sure", but says something like "most likely". Being proactive you must assume that the USCIS officer is going to agree with "most likely" as de facto.

However the law has given you provision to prove otherwise. For this you almost certainly need a lawyer. With a lawyer preparing your N400 and a lawyer at your side during interview your chances are much better. May cost you a grand but a good attorney will make ALL the difference!

Worst Case: You have to apply 4 years and 1 day after your return to the US for good (assuming you dont break the CR again)

Best of Luck...
 
I am an optimist. I look at a GC holder who maintains ties with United States and works for American companies abroad as some one who is to be respected and given the due process. Sure... it is the GC holder's responsibility to prove ties with US, but let's not pre-judge and scare people on this board as Rahul and JoeF are trying to do.

JoeF be banned for causing confusion on the board.


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Vote Bush '04
 
So let me get this right...do you want him to be an optimist and file for Naturalization without considering the fact that he did break cont. residency?
What should he do when USCIS rejects the application?
What in your 'expert' (need really big quotes here :) ) should this person do to when he applies for the N-400?


dsfgh100 said:
I am an optimist. I look at a GC holder who maintains ties with United States and works for American companies abroad as some one who is to be respected and given the due process. Sure... it is the GC holder's responsibility to prove ties with US, but let's not pre-judge and scare people on this board as Rahul and JoeF are trying to do.

JoeF be banned for causing confusion on the board.


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Vote dsfgh100 Out
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