Continuous residence after filing N-400

[2014hopeful]

I'm hoping you knowledgeable people may be able to help with a naturalization query. I filed my N-400 three weeks ago, having been a permanent resident since 2014. I currently easily meet both the residence and presence requirements. On the day I filed my application, I also received a biometrics reuse letter. According to My USCIS, my case should be completed by around November/December 2021 (Washington DC office).

For personal and professional reasons (a combination of escaping COVID and career advancement), I'm returning to my home country in July for a while. I'm not sure how long it will be for, but it it likely to be more than 6 months. Assuming I naturalize without any difficulty, it may be much longer than that. My family (wife and two US citizen kids) will be coming with me. I have handed in my notice at my current employer and we will be terminating the lease on our house. Our minimal belongings will be coming with us and I will be working in my home country while we are there (for a company that has offices there and in the US). We do intend to return to the US, but we're not sure exactly when that will be. We'll continue to have US driving licenses, credit cards, bank accounts, etc.

My question is this: does anyone have any idea how USCIS is likely to evaluate my absence from the US for naturalization purposes? Assuming I have my interview before the end of the year, I'm guessing that my being out of the country will be no problem because it will be within the 6-month threshold. If it's more than that, however (and it may be if USCIS doesn't speed up), my fear is that I will be deemed to be resident outside the US and therefore won't meet the continuous residence requirements. Given the current situation with COVID and the fact that many people have been stuck outside the US for periods longer than they might like, does anyone know if USCIS is cutting anyone any slack with these presence requirements?

I should mention that coming back to the US for the interview and oath ceremony shouldn't be an issue, and I'll be based in my company's DC offices during those periods.

Any insights would be gratefully received! Thanks in advance!

 

[2014hopeful]

@SusieQQQ , judging by some of your recent posts, you might have some ideas on this?

 

[SusieQQQ]

The continuous residence requirement needs to be met right until you take your oath, so any 6 month absence between now and interview will break it. I have not seen anything that indicates uscis is being lenient. There are some arguments you can use to rebut the presumption of a break, but seeing as you are resigning your job, moving your family overseas and giving up your accommodation, you’re not going to be able to show that. Bear in mind that the manual also notes that even with a less than 6 month absence, the officer may find that your principal residence is not in the US. I couldn’t say for certain that your plan will lead to problems naturalizing, but cannot give any reassurance that it won’t either. My personal opinion is that it is risky and if I were in your shoes, I would wait to relocate if possible.

By the way the estimated wait time on the website is often very unreliable, but it can be unreliable either way - shorter or longer. Current uscis processing time for n400 for DC is listed as 12.5-15.5 months; this can and does change over time but this site often seems to be more reliable than the estimated time to completion in myuscis https://egov.uscis.gov/processing-times/


You’ve probably seen the relevant chapter of the manual but in case not: https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3

 

[2014hopeful]

Thanks Susie, this is helpful. Unfortunately, waiting to relocate isn’t an option, but we made the decision to relocate knowing that it might jeopardise the naturalisation application.I guess I’ll just have to be honest about everything at my interview and accept the outcome if it goes against me.

 

[2014hopeful]

The continuous residence requirement needs to be met right until you take your oath, so any 6 month absence between now and interview will break it. I have not seen anything that indicates uscis is being lenient. There are some arguments you can use to rebut the presumption of a break, but seeing as you are resigning your job, moving your family overseas and giving up your accommodation, you’re not going to be able to show that. Bear in mind that the manual also notes that even with a less than 6 month absence, the officer may find that your principal residence is not in the US. I couldn’t say for certain that your plan will lead to problems naturalizing, but cannot give any reassurance that it won’t either. My personal opinion is that it is risky and if I were in your shoes, I would wait to relocate if possible.

By the way the estimated wait time on the website is often very unreliable, but it can be unreliable either way - shorter or longer. Current uscis processing time for n400 for DC is listed as 12.5-15.5 months; this can and does change over time but this site often seems to be more reliable than the estimated time to completion in myuscis https://egov.uscis.gov/processing-times/


You’ve probably seen the relevant chapter of the manual but in case not: https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3

Interested in your thoughts on this. According to My USCIS, my next milestone is to receive my biometrics appointment notice, but I've already received a biometrics reuse notice (see screenshot). Have you seen anything like this before? Do you think it's worth a call to USCIS, or is this likely just to be one of the quirks of My USCIS, which has never seemed terribly reliable?

 

[SusieQQQ]

Interested in your thoughts on this. According to My USCIS, my next milestone is to receive my biometrics appointment notice, but I've already received a biometrics reuse notice (see screenshot). Have you seen anything like this before? Do you think it's worth a call to USCIS, or is this likely just to be one of the quirks of My USCIS, which has never seemed terribly reliable?

View attachment 2404

They are reusing biometrics wherever possible at present to reduce pressure on a constrained-capacity system. Hopefully you liked the old picture as it will be on your naturalization certificate

the milestone/time to completion stuff is almost never reliable.

 

[2014hopeful]

They are reusing biometrics wherever possible at present to reduce pressure on a constrained-capacity system. Hopefully you liked the old picture as it will be on your naturalization certificate

the milestone/time to completion stuff is almost never reliable.

Haha, it certainly wasn't my greatest photo, but it's a younger and skinnier version of my current self, so I'll take it!

 

[Fin]

@2014hopeful wouldnt it be possible for you to maintain residency by at least going and coming back once for a few days or so in the next 12 months? I think you will need only one trip that is a week or two long. You should maintain bank accounts, financial ties and file 2020 taxes. I think that should be sufficient to prove your residency. I really doubt that the officer will question you if you had maintained spotless residency until your application. The only issue that might arise is if they ask about your current job and the job location is overseas. But if your company address is in DC, I don’t see how you can’t prove that your US employer sent you on deputation abroad. Also see if you qualify for N-470. I have a friend who works for McKinsey and spent literally 2 of his 5 year period out of the country flying back and forth. He had no issues proving residency as his US based employer was sending him to their clients overseas.

Be aware that if you lose residency this late in the game you might not just give up naturalization but also your claim to a GC.
Edit: Another possible avenue is to see if you can expedite your application. One criteria is financial loss to a business. If your company can write you a letter that they would need to send you out for business reasons, you can use it to file for expedited interview and oath. It’s not always possible but doesn’t hurt to try.

 

[2014hopeful]

Hi @Fin . Thanks so much for your response.

wouldnt it be possible for you to maintain residency by at least going and coming back once for a few days or so in the next 12 months

Under ordinary circumstances, yes. The problem is that my home country is Australia, which currently has very strict border restrictions. In theory, once I'm there, I'm not allowed to leave again. There are certain exemptions, which might make it possible for me to leave, but even then, I'll have to quarantine for two weeks in a hotel at a cost of more than $3000 when I return. That makes an ordinarily quick trip to the US both very expensive and very time-consuming.

You should maintain bank accounts, financial ties and file 2020 taxes. I think that should be sufficient to prove your residency.

I hope you're right on this. I will definitely still have bank accounts, credit cards, drivers license, etc, and will file my taxes. Hopefully this will all be enough.

The only issue that might arise is if they ask about your current job and the job location is overseas. But if your company address is in DC, I don’t see how you can’t prove that your US employer sent you on deputation abroad. Also see if you qualify for N-470. I have a friend who works for McKinsey and spent literally 2 of his 5 year period out of the country flying back and forth. He had no issues proving residency as his US based employer was sending him to their clients overseas.

Agreed, this is a probably the biggest danger area. I'm currently trying to negotiate with my new employer for my employment to be structured as a secondment from the DC office. That would solve the problem. However, I'm yet to hear back from them and they might not be keen to do it for tax and legal reasons. Unfortunately the N-470 won't work because you need to be working for a subsidiary of a US company. I'll be working for a law firm, which has a different corporate structure, so wouldn't count.

Another possible avenue is to see if you can expedite your application. One criteria is financial loss to a business. If your company can write you a letter that they would need to send you out for business reasons, you can use it to file for expedited interview and oath. It’s not always possible but doesn’t hurt to try.

This is definitely food for thought, and hadn't occurred to me. Thanks for flagging!

Be aware that if you lose residency this late in the game you might not just give up naturalization but also your claim to a GC.

Yes, I'm aware of this risk. I guess I'm trying to be philosophical about the whole thing and think that, if the worst happens (i.e. this), it wasn't meant to be. In that case, I'll just sigh and get on with life!

Thanks again for your thoughts - really appreciate it.

 

[2014hopeful]

Quick update for anyone who may be interested. I eventually left the US in July this year, almost four months after filing the N400. In early November, I received an invitation for my naturalization interview in Fairfax, VA. I flew back to the US for the interview, arriving three days beforehand. My application was approved at interview, with no questions asked about why I'd been out of the country for over four months. I took the oath on10 December and left the US again that same day. So, it all worked out in the end and now I'm a US citizen!