Citizenship application - Any travel restrictions during the process?

mayuri_rao

New Member
Will there be any problem in US Citizenship application processing if I travel outside US after applying for Citizenship?

I am planning to work from India for 3 to 4 months. Will this impact my citizenship application processing?

Thanks!
Mayuri
 
If you are outside USA for 3-4 months, its possible depending on when you are out, you could get FP notice. Interview notice or oath notice. Missing any of it will push you back again and you need strong reasons.

Also during the interview, the officer will ask you questions why you were outside for 4 months. If you mention working in India, well I dont know the consequences. Will you be paying taxes in India or USA? You may need tax papers if there is any question. If I were you, I will stay in US except for 3-4 weeks vacation.

Which service center/DO do you fall under?
 
I am planning to work from India for 3 to 4 months. Will this impact my citizenship application processing?

This is a particularly poor idea, unless it is a fixed-term overseas assignment for your existing US employer. In most cases, any overseas employment by a non-US company causes an immediate break in continuous residence due to USCIS determination of "intent" to abandon US residence. The only safety-net potentially available would be an N-470, if you are eligible.

Best bet... remain in the US and finish your natz process, then go abroad.
 
I'll be paying taxes in US. I am working for a US Employer. I work from home in USA. The reason I am planning to work from India is to stay close to my father who is sick.

Not sure if it is legal or illegal to work outside USA in this circumstances.

Thanks!
 
Not sure if it is legal or illegal to work outside USA in this circumstances.
It is definitely legal to work outside the US if the other country allows you to work there (except if the other country is Cuba or somewhere else the US has deemed off-limits). The question is whether the USCIS will see it as a break of continuous residence. 3-4 months working for the same old US employer most probably would not be seen as such a break.

And even if it is seen as a break, would that stop you from going anyway? 3-4 months won't cost you your green card; if they deny your citizenship you can still reapply in a few more years.
 
Are there any factual references of a 3-4 month trip and working abroad constituting breakage of continuous residence?
 
Are there any factual references of a 3-4 month trip and working abroad constituting breakage of continuous residence?

Many, heres a lawyers quote on it. Do a search for "can lose the GC by abandonment". There are a lot of sites that talk about this and how you can abandon the permenant residency by working over seas. Remember you are to just visit outside of the US. Working indicates you are not residing in the US. This was just a really quick search, there are a lot of sites on this...

http://www.murthy.com/chatlogs/chat0819_P.html

another one
http://www.quanlaw.com/ls_presidency.asp
 
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Thanks for your responses,

My husband and daughter will still be in here in US while I am in India. As we are applying together, will it still be considered abandonment of residence?
 
I'll be paying taxes in US. I am working for a US Employer. I work from home in USA. The reason I am planning to work from India is to stay close to my father who is sick.

Not sure if it is legal or illegal to work outside USA in this circumstances.

Thanks!

Under those circumstances, I don't think you'll have a problem. The key point being that you are not "working in India", just continuing to work your usual job temporarily from a different location. Its all about how you spin it.... ;)
 
Are there any factual references of a 3-4 month trip and working abroad constituting breakage of continuous residence?

There's been a heap of discussion on this topic over the last year or two. Spend some time searching the archives.
 
This is a particularly poor idea, unless it is a fixed-term overseas assignment for your existing US employer. In most cases, any overseas employment by a non-US company causes an immediate break in continuous residence due to USCIS determination of "intent" to abandon US residence. The only safety-net potentially available would be an N-470, if you are eligible.

Best bet... remain in the US and finish your natz process, then go abroad.

What reference is being used to state N-470 may be eligible for a trip less than 1 year?
 
Many, heres a lawyers quote on it. Do a search for "can lose the GC by abandonment". There are a lot of sites that talk about this and how you can abandon the permenant residency by working over seas. Remember you are to just visit outside of the US. Working indicates you are not residing in the US. This was just a really quick search, there are a lot of sites on this...

http://www.murthy.com/chatlogs/chat0819_P.html

another one
http://www.quanlaw.com/ls_presidency.asp

Neither of those links provide any insight to travel less than 6 months and working in foreign county as evidence as break to continuous residency.
 
There's been a heap of discussion on this topic over the last year or two. Spend some time searching the archives.
I've searched the archives trying to find any factual information about loss of continuous residency for trips less than 6 months and found no conclusive evidence. Perhaps this begs the question: if there is no presumption of break of continuous residency for travel less than 6 months, how would USCIS determine you actually worked oversees unless you told them? For example, if I decide to go on a safari for 3 months in Africa and worked as a tour guide but didn't disclose this to USCIS during my application, how would they accurately conclude if I broke continuous residency since it's not presumed I abandoned residency in the first place?
 
Well of course they wouldn't know. But since you'd then have lied by omission on the employment section, you'd be leaving yourself open to potential future problems, however unlikely that may be.
 
MayuriRao,

I don't think the US immigration laws expect you to break all your ties with your loved ones back in your home country to grant you your US Citizenship. That would be totally ridiculous !!

If your father is sick and needs your help you can most definitely relocate back temporarily. And working there should also not be a problem. What is important is that you should be able to prove that you have the "intent" of returning back to the US (which in your case is obvious since your family will be back here) and the proof for the reason that you had to travel (e.g. hospitalization records, doctor's prescriptions etc.). This information will be needed during the Interview.


*** This is not a legal advice. Only an opinion ***
 
Pleaseeeeee, do not worry about intent or no intent. It's your father, for goodness sake.
Don't get so carried away with this citizenship that you abandon your own blood. If God forbid something happened to him and you are not there???????????

Folks, lets not become sooooo "opportunist" in this land of opportunity, that we start dumping our own blood.
 
I personally think you should be fine. You will be working from India and not working in India. I am assuming that your 3-4 months absence will not take your total absence beyond the limits of 18 (or 30) months.

My husband and daughter will still be in here in US while I am in India. As we are applying together, will it still be considered abandonment of residence?
 
I'll be paying taxes in US. I am working for a US Employer. I work from home in USA. The reason I am planning to work from India is to stay close to my father who is sick.
Suppose the answer is that your 3-4 months will delay your citizenship eligibility for 5 years. Would that make you decide not to go?

If your father is that important to you, go anyway and worry about the citizenship consequences later.
 
do I need an AP

Hi All,
Do I need to take Advance parole if I am applying to citizenship and travelling out of country for 3-4 months.

Thanks in advance
 
Hi All,
Do I need to take Advance parole if I am applying to citizenship and travelling out of country for 3-4 months.
You must be thinking of the Reentry Permit (Advance Parole is for people who don't yet have a green card). It doesn't preserve residence for naturalization purposes. There is another form for that, the N-470, but it has strict eligibility requirements and is unnecessary for a single trip of 3-4 months (but multiple 3-4 month trips adding up to more than a year is a different matter).
 
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