I will be applying for my US citizenship but will be moving to Europe before my citizenship is granted. I plan on making return trips to the US for my interview and oath. However, I may apply for residency in Europe while my application for citizenship is in progress. Is there a problem with this?
Apply for citizenship while residing in Europe
- Thread starter s268952
- Start date
I obviously do not know your own particular circumstances but I would suggest that there might well be significant potential problems. Some things for you to think about:
1) You will need to report your change of addresses as part of the application process
2) You will need to report your movements in and out of the US as part of the process
3) You will still need to satisfy N-400 residency requirements all the way up to being granted US citizenship
4) The USCIS might well question your residency/citizenship intent in view of your not being full-time resident in the States during the process
5) You will need to ensure that somebody opens your mail and that you a prepared to return at short notice to ensure that you do not miss USCIS appointments.
All-in-all, at first blush, it sounds an odd approach. Why not postpone your travel until the citizenship is granted or defer your application until you return to the States?
1) You will need to report your change of addresses as part of the application process
2) You will need to report your movements in and out of the US as part of the process
3) You will still need to satisfy N-400 residency requirements all the way up to being granted US citizenship
4) The USCIS might well question your residency/citizenship intent in view of your not being full-time resident in the States during the process
5) You will need to ensure that somebody opens your mail and that you a prepared to return at short notice to ensure that you do not miss USCIS appointments.
All-in-all, at first blush, it sounds an odd approach. Why not postpone your travel until the citizenship is granted or defer your application until you return to the States?
futureuscitizen
Registered Users (C)
is this a permanent move or u are planning of coming back after a year or two?
s268952 said:
Yes, there are all sorts of problems with this plan.
Before getting a U.S. citizenship you are required to maintain a U.S. permanent resident status. This means that you have to live in the U.S. and all trips abroad have to be temporary in nature. "Moving to Europe" and "applying for residency in Europe" seems to clearly violate these requirements. For maintaining a U.S. LPR status it is not enough to live abroad and simply visit U.S. from time to time.
See, for example:
http://www.americanlaw.com/maintlpr.html
http://www.visalaw.com/01jan4/12jan401.html
http://www.immihelp.com/greencard/retain-greencard.html
http://www.uscis.gov/portal/site/us...nnel=4f719c7755cb9010VgnVCM10000045f3d6a1RCRD
This issue will certainly come up during your naturalization interview. You will have to disclose your address and job in Europe as well, as, most likely, the fact that you have applied (or obtained) a residence permit in Europe.
Some of this is discussed explicitly in the USCIS adjudicatior's field manual:
http://www.uscis.gov/propub/templat...ocid&doc_key=b64e79a7861f3c2186190f53f41fc51f
http://www.uscis.gov/propub/templat...ocid&doc_key=daa31eb4211428760b8a57c4451e8f23
http://www.uscis.gov/propub/templat...ocid&doc_key=6f5bd713e479f0b7e0c8e33523f3f107
Additionally, there is a requirement to be a resident of a particular U.S. state for at least 90 days at the time of naturalization. Again, you have to be a bona fide resident (in the sense of having a principal place of abode in that state); just having someome collect your mail in the U.S. is not enough.
And, of course, there are the continuous presence and physical presence requirements that you would still have to satisfy.
What if I've already satisfied my 5 year continuous residency in the US? Can someone also direct me to the link where I can read more about having to reside in the US at least 90 days after I am naturalized? The only requirement I am finding is that I have to reside in the US from the time I apply to the time I become naturalized. I do not plan on applying for residency in Europe until after I become naturalized.
Ha ha!! Of course. I was just giving you the reason why I want my US citizenship. I also just got off the phone with the USCIS. I spoke to a live person. I do not have to reside in the US after I am naturalized. I can leave immediately after. And any travel that I do while my application is in process must remain less than 6 months. So looks like it won't be any problem. I guess I just can't say that I have any intentions of residing in Europe after I receive my citizenship.Flydog said:If you get to the interview stage, I wouldn't use that answer with an Immigration officer. Go for something with "purple mountain's magesty" and all that instead.
s268952 said:
You have to be a resident of a particular state for at least 90 days immediately PRIOR to the time of naturalization. That is what I wrote and that is what the law requires. Read the "Guide to Naturalization", these things are explained there.
There is no requirement to stay in the U.S. after you are naturalized.
But your problem will be that at the time of filing N-400 you will be living in Europe, not in the U.S. So on the face of it, you will have a problem with the 90 days requirement.
s268952 said:
Its really not that simple. There has been at least one recently documented case of a person who never violated the 6 month rule being denied on the basis of breaking residency due to repeat 1-2 week short "visits" to US every 5-6 months. If there is ANY hint you may be residing and (worse) working abroad, you stand a very good chance of being denied unless you have airtight proof that your trip is temporary in nature and has a definite end date.
I revert to my previous post. Without in any way wishing to be judgemental, all the information that s268952 has offered, suggests that his/her strategy is not consistent with the spirit and intent of the US immigration law.
Thus I would submit that an interviewing officer might well have a serious problem with this strategy. Assuming that all questions regarding residence, travel etc are truthfully answered (as I am sure they will be), this less-than-watertight strategy will become apparent.
Thus I would submit that an interviewing officer might well have a serious problem with this strategy. Assuming that all questions regarding residence, travel etc are truthfully answered (as I am sure they will be), this less-than-watertight strategy will become apparent.
To clarify to all, I am applying/submitting my N400 on 1/15/07. I have not left for Europe and do not intend to leave until June 2007. I will return to the US for my interview and oath appointments which will hopefully occur no later than September 1, 2007. Yes, I can and have the resources to fly back on short notice. I will not be working in Europe nor will I be applying for permanent residency until I receive my citizenship.rwsh said: