Application from Outside the US

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HumHongeKamyaab

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I am submitting N-400 from outside the US. What should I fill Part 7 A: How many days spent outside the US during the last five years. Should I count that till the date of submitting the application or till the time I next intend to arrive in the US.

Answer to this question will also be relevant for answer to Part 7 D most recent entry.
 
HumHongeKamyaab said:
I am submitting N-400 from outside the US. What should I fill Part 7 A: How many days spent outside the US during the last five years. Should I count that till the date of submitting the application or till the time I next intend to arrive in the US.

Answer to this question will also be relevant for answer to Part 7 D most recent entry.
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You should count the days until you sign the paper and you date it. You have to notify IO at the interview that you had additional trips/days outside the US since you signed it.

Probably it is not a problem if you count the days for the whole time you will be outside the US, but from technicality point of view the first one is the correct one.
 
I will be signing the application outside the US and mailing it from outside the US. So my end date on the first entry is an unknown.
 
nkm-oct23 said:
See naturalization eligibility worksheet item 6. You will not meet that requirement if you are abroad.

See http://www.uscis.gov/files/article/attachments.pdf, page 5.
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Not exactly correct.

If someone resides in the U.S. and travels abroad for a short trip (say 3 weeks), that person can mail the N-400 from abroad - but he/she would still have to specify their home address in the U.S. in the application.
A short trip of this kind does not disrupt the continuous residency and does not create a problem with the 3 month state/district residency requirement.
Of course, such an applicant would have to be back in the U.S. for fingerprinting, naturalization interview and oath, and would have to demonstrate that the continuous residency requirement is satisfied all the way to the moment of the naturalization oath.


However, if someone actually resides abroad, that's a different matter: moving to reside abroad would break both the continuous residency requirement and the 3 months state/district residency requirement (and likely jeopardize the GC status as well), and such an N-400 application would be denied.
 
nkm-oct23 said:
See naturalization eligibility worksheet item 6. You will not meet that requirement if you are abroad.

See http://www.uscis.gov/files/article/attachments.pdf, page 5.
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I don't think you are right. Residing cont., or physically present are not the same. Your interpretation would mean, that you cannot travel out of the US at all 90 days prior your N-400 filing (not even for vacation). That is not true for sure.
If somebody is a resident of a certain USCIS district, and let's say takes a 1 month sabbatical from work, but still a valid residence (e.g. owns a house, ...) he should be able to file N-400 from abroad, if a US mailing address is provided.
 
baikal3 said:
Not exactly correct.

If someone resides in the U.S. and travels abroad for a short trip (say 3 weeks), that person can mail the N-400 from abroad - but he/she would still have to specify their home address in the U.S. in the application.
A short trip of this kind does not disrupt the continuous residency and does not create a problem with the 3 month state/district residency requirement.
Of course, such an applicant would have to be back in the U.S. for fingerprinting, naturalization interview and oath, and would have to demonstrate that the continuous residency requirement is satisfied all the way to the moment of the naturalization oath.


However, if someone actually resides abroad, that's a different matter: moving to reside abroad would break both the continuous residency requirement and the 3 months state/district residency requirement (and likely jeopardize the GC status as well), and such an N-400 application would be denied.
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Wow! We replied very similar the same minute :)
 
I have an approved N-470 (N-472). So I believe I am covered on continuous residence requirement. I will be applying to the district where I resided for 9 years before moving abroad on a 3 yr assignment.
 
HumHongeKamyaab said:
I have an approved N-470 (N-472). So I believe I am covered on continuous residence requirement. I will be applying to the district where I resided for 9 years before moving abroad on a 3 yr assignment.
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The approved preservation application facilitates filing for naturalization as quickly after returning from that covered absence as is allowed. The point is that have to return first and be "otherwise eligible". It does not allow you to file from abroad in the described situation (working abroad for a U.S. employer rather than for the U.S. military or as their military immediate family dependent listed in the travel orders). The mere fact of mailing it from abroad will not mean an automatic rejection in the lockbox mailroom BUT it will likely result in the denial of the application after wasting a bunch of time and money.
 
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HumHongeKamyaab said:
I have an approved N-470 (N-472). So I believe I am covered on continuous residence requirement. I will be applying to the district where I resided for 9 years before moving abroad on a 3 yr assignment.
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I am not familiar with the details of using an approved N-470 when filing N-400, but I believe BigJoeF is correct that, even with an approved N-470, your first have to actually resume residency in the U.S. before you may file N-400.

Moreover, there may be additional issues with the physical presence requirement and the 3 month state/district residency requirement. I may be wrong, but I seem to remember that in most cases (except for U.S. government employees), having an approved N-470 does not exempt the applicant from satisfying the physical presence requirement at the time of submitting N-400. I am also not sure if the 3 month state/district residency still has to be satisfied in case on an approved N-470 (again, I think that an approved N-470 does not exempt the applicant from satisfying the 3 month state/district residency requirement, but I am not sure). If a GC holder returns from a trip abroad and resumes residency in the same state/district where he/she resided before the trip abroad, the residency in that state/district is generally considered not to have been interrupted. However, I think there is some kind of a limit (one year? two years?) for the length of the trip in order for that to be the case and if the absence is longer than that limit, residency in the state/district has to be re-established from scratch. Perhaps BigJoeF or somebody else knowledgeable about this can comment here on these issues.
 
Applicant has to reside in the USCIS district or state for the last three months at the time of filing N-400. This is clearly stated in the naturalization eligibility worksheet in the "guide to naturalization". Only certain members of US military and their family members are allowed to file from abroad.

OP does not meet this requirement since he is out of US for the last 3 years and plans to send application to USCIS district where he resided 3 years ago.

See item 6 on page 5 of http://www.uscis.gov/files/article/attachments.pdf
 
Having obtained advance permission, you will have the advantage of only having to build up enough physical presence inside the U.S. That usually means two and a half years. It is a better deal than the four year and one day rule for others without the advance permission that you obtained. It seems that the three months in a jurisdiction issue will be irrelevant to someone who has been residing abroad for the better part of three years.
 
I have been out only for 20 months of the last 5 years at the time of application and so satisfy physical presence with 40 months. I am trying to determine if unlike re-entry permit, I am allowed to file N-400 from abroad. If not I will come file, do FP and leave. I maintain rental residence in the US.
 
HumHongeKamyaab said:
I have been out only for 20 months of the last 5 years at the time of application and so satisfy physical presence with 40 months. I am trying to determine if unlike re-entry permit, I am allowed to file N-400 from abroad. If not I will come file, do FP and leave. I maintain rental residence in the US.
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What matters is not from where you mail in your N-400 (from abroad or from inside the U.S.) but where your actual primary residence is at the time of filing N-400 and through to the naturalization oath.
On the N-400 you'll need to list all your jobs for the last 5 years, as well as all your addresses for the last 5 years and all your trips abroad since becoming an LPR.
At the interview it will certainly come out that you are currently living and working abroad, on a long-term assignment.
Although you may get lucky, it seems to me rather likely that your application would be denied under such circumstances, even though you still rent a house in the U.S.
 
The extended absence benefits protect you to a point while you are gone. Do not be fooled as to which section of law would serve as the basis for naturalization. Certain section-specific criteria apply, replace, alter, or void certain criteria from other sections. People looking for the "easy answer" will usually find the wrong answer.

INA 316(b)
(2) such person proves to the satisfaction of the Attorney General that his absence from the United States for such period has been for such purpose.

PLEASE FILE FROM ABROAD and when the case ends in DENIAL and you find that you have wasted years in a futile legal battle and tens of thousands of dollars in legal fees, PLEASE PROVIDE AN UPDATE.
 
@BigJoe5: Why so much hostility?

@Everone except BigJoe5
So if N-400 gets denied, can I return to the US and apply? Why would I have to get into legal battle?

BigJoe5 said:
The extended absence benefits protect you to a point while you are gone. Do not be fooled as to which section of law would serve as the basis for naturalization. Certain section-specific criteria apply, replace, alter, or void certain criteria from other sections. People looking for the "easy answer" will usually find the wrong answer.

INA 316(b)
(2) such person proves to the satisfaction of the Attorney General that his absence from the United States for such period has been for such purpose.

PLEASE FILE FROM ABROAD and when the case ends in DENIAL and you find that you have wasted years in a futile legal battle and tens of thousands of dollars in legal fees, PLEASE PROVIDE AN UPDATE.
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