Continous residency in the US for application

[JamesKolb]

I applied for naturalization a couple years ago, and for the life of me, I never expected that it would not this long. I have just finished my interview and am approved.

My question is:

I am registered to study abroad soon for a period of 4 months.

On the USCIS website, it notes that applicants must

# Reside continuously within the United States from the date of application for naturalization up to the time of naturalization

If I study abroad in another country, do I not fulfill this requirement? Will they deny my application at the time of the oath?

My family will still maintain my home in the States during this time. They will still live here.

 

[BigJoe5]

You say that you just got interviewed and were told it was approved. Did they give you any idea when to expect your Oath Ceremony notice? Which office was it? Perhaps someone here has recent experience and can give you an idea of how long that might take. If it is relatively quick, you will need to get a U.S. Passport and depending on the country involved may have to get a new visa as a USC. Have you looked into that probability and what steps you will need to take?

USCIS will schedule your Oath, if you miss it, they will schedule a second Oath. If you miss that, they will re-open the N-400, give you 15 days to respond satisfactorily or else deny they'll it.

 

[JamesKolb]

I was planning to either a) get the oath ceremony postponed until after I come back b) flying back and taking the oath ceremony.

But if I get it postponed, wouldn't I need a good reason? Is studying abroad a good reason?

One thing I am concerned about is when they sent me the notice for the ceremony, it will ask me if I left the country. At the oath ceremony, is it possible, once they find out I left for 4 months as an exchange student, for them to deny my application on the grounds that I had to reside here continuously from application start to end?

I believe the earliest possible ceremony is on the day I am supposed to leave. That's assuming I get it. Should I ask any other office besides the one where my file is at, but who has jurisdiction over my state, to see if they can schedule an oath ceremony before that date? If I do become a citizen on that day, can I leave the US on a US passport, enter the other country using a visa on passport, from my old nationality?

 

[Bobsmyth]

Registering to study abroad for 4 months won't break your continuous residency requirement.
If you do become a USC on the date you are supposed to leave, you must leave with a US passport.

 

[Jackolantern]

I was planning to either a) get the oath ceremony postponed until after I come back b) flying back and taking the oath ceremony.

Follow option (b). Postponement runs the risk of getting a date that is before the end of your studies, or having your case go into a black hole and you're still waiting for the oath after another year. They usually don't honor postponement requests for specific date ranges.

 

[Jackolantern]

If I do become a citizen on that day, can I leave the US on a US passport, enter the other country using a visa on passport, from my old nationality?

You probably won't be able to do the oath and get a US passport in the same day (it's not impossible, but not likely unless your oath is early in the morning).

For arriving in the other country, if you have citizenship in that country they probably will want you to use their passport to enter, otherwise they generally don't care which passport you use to enter there, as long as the passport (+visa, if applicable) makes you eligible to enter.

 

[VjN400]

I am up for a naturalization application. I had a trip out of USA for 172 days, which is less then six months or 180 days. While entering US, the immigration office noted in my passport as “out of country for six months”. I realized that after coming home. The exit and entry stamp dates comes out to 172 days. During the interview the officer will look at that remark. Will I have any problem?

Thanks

 

[Bobsmyth]

I am up for a naturalization application. I had a trip out of USA for 172 days, which is less then six months or 180 days. While entering US, the immigration office noted in my passport as “out of country for six months”. I realized that after coming home. The exit and entry stamp dates comes out to 172 days. During the interview the officer will look at that remark. Will I have any problem?

Thanks

The CBP at POE noted "out for more than 6 months" since it appeared that you were out for that long without making the calculation. After further calculation of the exact dates, the IO at interview will conclude that the 172 days does not equal 6 months (180 days).