Studying abroad during N-400 and possible problems...Any comments?

S

SD0001

Registered Users (C)
Hello all,

Ok, first I will give you a bit of a background so you can have a better idea of my position.

PR since 02/03/2008 Eligible to apply for Naturalization 11/05/2012 (5years -90days)

Days outside of the USA TOTAL: 184 days !!!NOTE: I have never been outside for more than 6 months!!!! Longest trip I've had is 45 days. So Never broke continuous residence nor Physical .

Ok, with that said, the issue is this:

I have been admitted for a Masters program in Vienna (which is of great importance for my career and personal development) If I decide to accept, I need to arrive in Austria by Nov 12th for enrollment.

I can Apply for N-400 as early as 05 NOV 12 so, my question is.

Will I have any problems at the interview if I actually decide to start my Masters? I have what is considered "Strong ties" in the USA ( My mother lives here and brother) I am still living with my Family by now and I have rental agreement, Drivers License, Bank account, etc etc.

So, by the time of the interview my trips will look like this:

to Vienna Nov 10th and will return to US Nov 23rd. Total days out 13 extra
To Vienna Dec 12th and will stay in Vienna until April 2013 ( Please note I will be traveling back to US for interview and oath ceremony if Approved)

at the end
184 Previous Days out + 13 (enrollment trip) + till Interview (aprox 60 days) So, total does not exceed 260 days out side.

I estimate if I apply beginning of Nov I will be having my interview end of January or beginning of February (where a decision could be made) so I will still not be outside for more than 6 months.


Sorry for all the long information but I tried to be as specific and detailed as possible.

So I guess a concrete question will be, is it a problem if I apply for N-400, then based on my specific situation and travels will it be an Issue?

Thanks all for your help!
 
If possible, see if you can get them to delay the start of your studies for 6 months or more. Many and probably most universities allow deferred admissions.

If you can't or won't do that, the risk is that extensive travel abroad during the naturalization process raises suspicion that your time abroad is the beginning of a permanent relocation. We can't predict which way the interviewer will decide.
 
response:

Hi Jackolantern,

Thanks for your reply and advice, do you know anything about "strong ties" and if that has any positive impact on the application? I am trying to do everything by the book and nowhere have I found that is not allowed to travel abroad (as long as is not more than 6 months) and as I explained before by the time of interview or even Oath ceremony (if approved) I would have never been outside of the US for more than 6 months.

I know it's a bit complicated. Unfortunately I can't do the deferred admission (though it would be very nice) but it is always like that, life always brings in difficult decisions. :)

Thanks for your time.
 
If you can afford to, go ahead and do it. You can try to argue that your trips are for your education, and therefore, temporary in nature. Is this a 1 year master's programme? That might be more doable than a 2 year one. Again, you'll be taking a chance by doing this, so don't be shocked if you are given trouble during your interview and/or denied after it. But, you never know unless you try, eh?
 
response:

Yeah I understand....ugh why is all so difficult? Well it is a 1 year program but really is only 3 trimesters and the last one is just a "thesis" so that I can write from anywhere.

I will apply in November and well, will try to gather as much evidence of my Strong ties to the USA in case they give me a bit of a challenge. And as you said (you are correct) I am not intending on Re-locating permanently as it is a "temporary" 9 months out-side of US program which in a way will improve my chances of a better Job-life back here in the US.

I see you (cafeconleche) also studied abroad for a long time, was this a big challenge at the interview?
 
Siblings in the US don't count as strong ties. Parents don't count either unless they're financially supporting you or vice versa.

The good news is that you're done in 9 months, so if denied on this first attempt you can just wait until late next year and reapply, by which time you're done studying and it should be clear that your time abroad was not a permanent relocation.
 
I think my interviewer actually was an unfriendly and sour person in general, so I really don't know if she was difficult and unresponsive during the interview because of that, or because of my application. Who's supporting you? Do you have savings? Take proof of how you're paying for the fees and living expenses with you to the interview to show you don't need to work abroad.
 
Jackolantern: Noted, I did not know that, I thought that having my Parents here and in fact living with them meant "strong ties" :( And you are right I could re-apply after in case I get denied. I guess it will be worth the shot.

Cafeconleche: That sounds awful, and that is also what I am scared about, getting a grumpy IO that will make my life misserable. My family is supporting me (My mom mostly) and the fees I will be paying from my savings (reason I am doing it in Europe as is WAAAAAAY cheaper than here by a lot) also I only have to pay very little at enrollment and after that I can re-pay the rest in 2 years. So that is the main reason this is very attractive to me. Here in the US goes beyond the 30grand.

I will keep you posted once I send my application, meanwhile thanks a lot for the ideas and comments. I hope at the end it all runs smoothly and I get a nice IO at the interview.
 
okay, I have the same exact issue. I am not doing a PhD in Canada. I just sent my N400 a few days ago (5 years - 90).
The citizenship is much more important to me than the PhD. The stupid lawyer that I consulted with told me that it's okay to study abroad and it doesn't violate your residency conditions for naturalization, but he is clearly dead wrong.

I guess, according to what everyone is saying, I may have quiet some trouble during my interview. What can I do to salvage the situation ? Shall I go back to the US immediately ? ( I may apply for a leave of absence from the PhD Program till I get to the interview) would this work ?

Can I move to Detroit and drive to Canada 2 or 3 times a week ? would this work ?


thanks all for your help. I guess I am desperate at this point !!
 
theRealPharoah said:
I guess, according to what everyone is saying, I may have quiet some trouble during my interview. What can I do to salvage the situation ? Shall I go back to the US immediately ? ( I may apply for a leave of absence from the PhD Program till I get to the interview) would this work ?
Click to expand...
How long much total time have you already spent in Canada while pursuing the PhD? A couple months? A couple years? If it's been a couple years, it might be too late to rescue the situation; you'll just have to hope for a lenient interviewer.

But if it's only been a few months, and you immediately return to the US with a leave of absence or start commuting every week from Detroit, you should have no problem. However, if your current state of residence is not already Michigan, the move to Detroit could cause a delay because of your case being transferred there.

Of course, if you do the commuting across the border, remember to keep track of every exit and entry because you'll have to inform the interviewer about every time you cross the border (except for trips of less than 24 hours).
 
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Wow, I have the exact same situation

I'm on the same boat as you are. I'm actually away in Australia doing masters for the last 9 months and I've been going back and forth not to lose my greencard.

Please keep us informed.

I hope it all works out friend.

Adam
 
Thanks for the feedback.

I have been in Canada since the start of September, and I think I have already made my decision to go back in mid December, and not move untill the interview. So this would make my total stay in Canada 3.5 months. I will talk to my supervisor tomorrow. I have decided that since I need to take a risk on either the PhD or the citizenship, it will be the PhD.

My concern is what happens if after the interview, my application gets stuck for 10 months let's say. Can I go to Canada then, while visiting the U.S. regularly, or will I just need to abandon the PhD idea ?

thanks..
 
theRealPharoah said:
Thanks for the feedback.

I have been in Canada since the start of September, and I think I have already made my decision to go back in mid December, and not move untill the interview. So this would make my total stay in Canada 3.5 months. I will talk to my supervisor tomorrow. I have decided that since I need to take a risk on either the PhD or the citizenship, it will be the PhD.

My concern is what happens if after the interview, my application gets stuck for 10 months let's say. Can I go to Canada then, while visiting the U.S. regularly, or will I just need to abandon the PhD idea ?
Click to expand...
On oath day you will need to inform them about your trips taken after the interview. If it's too much you might be pulled out of the oath for further review, resulting in either denial or a future oath date after the review is completed.

Your case should not get stuck for 10 months after the interview, because they are mandated to make a decision within 120 days after the interview. If your case is still pending after those 120 days, you have the right to file 1447(b) to force them to decide your case. A 1447(b) filing will put your case under supervision of the court, so USCIS won't be able to deny you just because they're angry about the 1447(b).
 
"On oath day you will need to inform them about your trips taken after the interview"... Yes, I recall this happened to my father. Would I need to bring my passport to the oath ?

When I went through the Detroit border crossing this weekend, I got grilled by the immigration officer, which in a sense was a good thing, cause he opened my eyes to the problem I was heading towards. He mentioned that the idea of coming in for a day to reset the 6 month trip counter is a myth, i.e. residing outside for a year, and coming back for a day or a week every 6 month doesn't work, you are still residing outside for a year.
 
Hello SD0001.

I see you passed your interview!! Congratulations!! :D

I am wondering... did they even bring up anything about your trips or study plans? Gave you a hard time or anything? What evidence did they ask for?

I am very interested since I am also studying abroad. Thanks!
 
riq2012 said:
Hello SD0001.

I see you passed your interview!! Congratulations!! :D

I am wondering... did they even bring up anything about your trips or study plans? Gave you a hard time or anything? What evidence did they ask for?

I am very interested since I am also studying abroad. Thanks!
Click to expand...


Hi there, thanks a lot, yes I did pass (recommended for approval) but I am still at their mercy until oath ceremony. Now I am waiting hopefully for the Oath letter and finally finish with this phase of my life.

Regarding the studies, I did not take the studies so stayed in the US and therefore had no problems at the time of interview. Regarding my travels I also had no problems, I mean I traveled a lot but not really a lot and plus my previous job was for an Airline so I explained that I took advantage of my free travel benefits and thats why I traveled a bit and the IO was happy with my answer.

Good luck to you!!
 
If you can't or won't do that, the risk is that extensive travel abroad during the naturalization process raises suspicion that your time abroad is the beginning of a permanent relocation. We can't predict which way the interviewer will decide.
 
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