Question about N-400 and travel

M

mridangist

Registered Users (C)
I would like your input on my situation: I have just recently applied for US citizenship (the application was received by USCIS on Nov 6th and check cashed Nov 15).

My main question is on my absence. I estimate that I will have two back-to-back absences each of 2-3 months starting in Jan. Will this
(a) affect my citizenship process? Will the citizenship interview throw up any problems?
(b) affect my ability to return to the US? Will there be problems at port of entry?

Would you recommend any way to mitigate potential problems?

Thanks for your help!
 
mridangist said:
My main question is on my absence. I estimate that I will have two back-to-back absences each of 2-3 months starting in Jan. Will this
(a) affect my citizenship process? Will the citizenship interview throw up any problems?
Click to expand...

No, probably not, but make sure you don't inadvertently miss your interview date.

mridangist said:
(b) affect my ability to return to the US? Will there be problems at port of entry?
Click to expand...

No problem. You will still be an LPR and bound by the usual procedures & restrictions.
 
mridangist said:
Will there be no problems even if I were to start employment in India in January?
Click to expand...

You definitely don't want to do that! Engaging in foreign employment (especially if it is open-ended) is generally considered an automatic break to continuous residence, and may verge on intent to abandon your residence.

You'd be better off getting the USC finished before taking a job overseas. The exception to this would be if its a US employer sending you on short term assignment under the protection of an N-470.
 
My family would continue to live here at-least until June 2008. And I would still own my home here in the US. Will these not suffice to show evidence of residence in the US?

In my case, the company for which I would be working in India is headquartered in the US. Could I not characterize my travel to India as "helping setup India operations" for this US company? Would I need to furnish any documentation to prove this?
 
mridangist said:
My family would continue to live here at-least until June 2008. And I would still own my home here in the US. Will these not suffice to show evidence of residence in the US?

In my case, the company for which I would be working in India is headquartered in the US. Could I not characterize my travel to India as "helping setup India operations" for this US company? Would I need to furnish any documentation to prove this?
Click to expand...

If the company is a US owned corporation, you may be able to benefit from an N-470 Application to Preserve Residence for Naturalization Purposes. You'd still want to get a re-entry permit and evidence that your overseas assignment is of fixed duration, but you would be in a much better position.

Without an N-470, all you can do is collect as much evidence as possible (strong ties to US, family remains behind, mortgage, etc, etc) and provide a letter from your employer stating that you are on a fixed term overseas assignment. After that, it'll be up to the IO to decide whether to approve you or not.
 
Would you still recommend N-470 and re-entry permit etc given that the citizenship process should end in about 5 months from Jan (that is when I will leave the US) and I will be making at-least one visit back to the US within that timeframe?

What employment is N-470 eligible? What type of private US company would qualify?
 
If you can get an N-470, I'd definitely suggest you do. There is no way of knowing in advance whether your case will get stuck in namecheck, so although you think you've got an idea when you'll be done with natz, its really impossible to tell.

The rules for N-470 are a little convoluted - the best thing would be if you have a company sponsored immigration lawyer take a look on your behalf.

It would be unwise to put yourself in a position of living overseas and flying back for the interview unless you can prove you are only away on a fixed term basis.
 
Does the US employment need to be based on Full-Time Regular employee status? Would working as a consultant for a US company be sufficient? Does N-470 require FTE status?
 
To qualify for N-470, you would need to be sent on an overseas assignment by a US corporation. Not sure of all the specifics, but I doubt it would be sufficient to be a part-time consultant who just happened to be based overseas.
 
Hi Guys,
I have the same problem. My PD is Jan 2007,. The interview is going to be in January or February 2008.
The questions are:
1. should I go outside of the US to visit my parents for about two weeks before the interview?
2. Do I need to notify USCIS about my travel outside of the US?
3. Should the interview be delayed because of my trip?
I appreciate your help.
 
CasetaDC said:
Hi Guys,
I have the same problem. My PD is Jan 2007,. The interview is going to be in January or February 2008.
The questions are:
1. should I go outside of the US to visit my parents for about two weeks before the interview?
2. Do I need to notify USCIS about my travel outside of the US?
3. Should the interview be delayed because of my trip?
I appreciate your help.
Click to expand...


1. Only if you can get back before the interview

2. You need to notify USCIS about all outside US travel all the way up to the Oath Ceremony. You can bring in details (passport documentation) to the interview, no need to re-file the N-400. Trips after the interview but prior to the oath need to be documented at the oath ceremony before it starts. They will ask you there and there will be a form to list all travels between the two.

3. You can cancel the interview, you can delay it, but they will delay it for whatever time they feel like it. You might get another interview in a month or over a year, you won't know (people have had both). Best bet it so delay the trip rather then the interview if you really are serious about the N-400 and the citizenship...
 
Thank you Warlord.

Ok so I don't need to notify the USCIS about trips outside of the US after PD and before ID. All I need is to tell them about this trip at the interview.

Can USCIS delay the Interview Date because of this trip even I came back before the interview date?
 
CasetaDC said:
Thank you Warlord.

Ok so I don't need to notify the USCIS about trips outside of the US after PD and before ID. All I need is to tell them about this trip at the interview.

Can USCIS delay the Interview Date because of this trip even I came back before the interview date?
Click to expand...

Its easy enough to just update the IO during your interview, and again at Oath.
 
You must log in or register to reply here.
Top