Applying for N400 while outside of US

S

shriganesh

New Member
Is it possible to file N400 while the applicant is currently outside US (for non-military but valid reasons)?

All eligibility criteria (including continuous residence) are still met. But applicant is afraid about disrupting the continuous residence test in few months because the overseas stay has been extended beyond the 6 month period (but certainly <1 year).

Totally unforeseen circumstances and the applicant is wondering whether it's worth to return for few days just to file N400 (costly affair).

thanks.

sg
 
Filing the N-400 when outside the US is allowed. There is no requirement to be physically present in the US when the N-400 is filed, and that was upheld in court.

But you still need to be in the US for the fingerprinting, interview, and oath, and the length of your trips will be evaluated with respect to the continuous residence and physical presence requirements. Note that trips after the N-400 filing date may result in breaking continuous residence (although trips after the filing date are ignored for the purpose of physical presence); you are required to meet the continuous residence requirement all the way until the oath date.
 
Jackolantern said:
Filing the N-400 when outside the US is allowed. There is no requirement to be physically present in the US when the N-400 is filed, and that was upheld in court.

But you still need to be in the US for the fingerprinting, interview, and oath, and the length of your trips will be evaluated with respect to the continuous residence and physical presence requirements. Note that trips after the N-400 filing date may result in breaking continuous residence (although trips after the filing date are ignored for the purpose of physical presence); you are required to meet the continuous residence requirement all the way until the oath date.
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Thanks. few quick questions:

- Can I get corroboration for "upheld in court"? (would like to provide more details to my friend, for his peace of mind).
- Why is continuous residence requirement measured all the way till the Oath date? Would be helpful to get specific webpage - everything I read suggests it is relative to the filing date.
- given that the fingerprinting, interview, etc. will follow soon after the filing, is it possible to request postponement till my friend returns - possibly few months? (for the very reasons this situation/question has arisen in the first place).

Thanks in advance.

sg
 
1. I can't find the court case now.

2. http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD-Chapter1.html#S-B
The applicant must have continuous residence in the United States as an LPR for at least five years immediately preceding the date of filing the application and up to the time of admission to citizenship
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3. Postponements of the appointments are possible, but unpredictable (the next date they give could be anywhere from 2 weeks to over 6 months later), so avoid that. If somebody already knows they'll have a problem being in the US for the interview and other procedures, they should delay the application until they are able to be in the US for the relevant procedures, instead of trying to postpone the individual appointments.
 
N-400 denied due a a long trip overseas

My N-400 got denied for failure to maintain my residency because I spent 9 months overseas. I thought I had to be gone a year for this to happen, I had no idea. I've been here for 13 years, since High School as a matter of fact, and during the 13 years, I've only taken 2 trips outside the US, both within the last 5 years preceding my N-400 application: the first one lasted 2 months and the second one lasted 9 months, from October 2010 to July 2011. It states on the denial letter that I can file the N-336 if I can prove that maintained ties to the US during that time, but do I have a chance? Should I file and attempt to prove that even though I was overseas, I had everything here, my apartment, my bills, all my belongings? If I don't file the N-336, does the 5 year clock starts from July 2011? I have already waited five years to apply, I can't imagine having to wait until July 2016 to reapply, all because I stayed 9 months overseas. The clock is ticking for the N-336, please advise!
 
If you break continuous residence, you don't have to wait another whole 5 years. You can apply 4 years and 1 day after the end of the violating trip, which would be July/August 2015 in your case (assuming you don't have any other long trips since July 2011).

It states on the denial letter that I can file the N-336 if I can prove that maintained ties to the US during that time, but do I have a chance? Should I file and attempt to prove that even though I was overseas, I had everything here, my apartment, my bills, all my belongings?
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Did you present evidence of those facts with the application or at the interview? If not, provide that evidence for the N-336. And get a lawyer to accompany you for the N-336 hearing if you can afford one.

But if you already presented that evidence and got denied anyway, your chances of a successful N-336 are very low.
 
You say you were in the US for 13 years, including high school ... did either of your parents become a US citizen before you were 18 years old? And was your green card approved before you turned 18? If yes to both questions, you may be able to claim citizenship via N-600 and wouldn't have to worry about continuous residence.
 
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Need advise from Guru Jackolantern
Fingerprinting scheduled for Citizenship April 4TH,2013
I was out of country from November 2012 to 2013 for total of 152 days
Almost five months.
I need to visit my country again before the interview and need advise on how number of days out of USA are counted. Calender days or continuous stay? In my case can I go for 45 days in 2013.
Thanks
Trip was as follows:
November 24,2013 to Feb 15,2013 = 84 days
March 5, 2013 to March 16,2013 =12 days
May 7,2013 to July 1,2013 =56 days
Total days = 152
 
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