GC holder planning to be outside of US and apply for USC

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vivek42

Registered Users (C)
Hello,
I am a GC holder since Jan 25, 2005 (My GC says Permanent Resident since Jan 25, 2005 but my passport was stamped on Feb 10, 2005). I am planning to be outside US starting September 8, 2008 but plan to come back in Nov, Dec and then every 4-5 months after that for a week or so. I own a condominium, which is on rent right now and I intend to keep it and pay mortgages and I also plan to file taxes on the total earned income as well.

My question is how should I prepare myself and my family to be able to file for US citizenship (Can I even do so?). I believe I can submit n400 application about 4 years and 9 months after getting GC (Which I am confused about; is it Jan 25 or Feb 10?), which will be sometime in October next year.

Would appreciate your insights!
 
Atlanta_Brother said:
You are considered a GC holder since Jan 25, 2005. You should apply for your citizenship while you are in US.
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Thanks! Could my lawyer complete the application and submit it for me or do I have to be physically present here to submit the application. Can I submit the application, leave the country and come back for finger printing and other steps after that. In a nutshell, I do not ntend to be here for a stretch of more than 2-3 weeks at a time. Thanks again!
 
You should apply it while you are here. Drop it in the mail and then have somebody check your mailbox regularly. If you hire an attorney to do your paperwork, less work for you. He/she will notify you when you get your FP notice. This way you can fly back to US and get your biometrics done. The point I am trying to make is, when you fill out N-400, it's better you are here in US.
 
vivek42,

the way these things go and considering how important it is do it accurately consider investing for small session with a good attorney. take advice from the gurus in forum and then contact the attorney to get 100% take on it.

thanks.
 
vivek42 said:
In a nutshell, I do not intend to be here for a stretch of more than 2-3 weeks at a time.
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So where do you plan on being?
If you are living and working overseas for a foreign-owned company, you significantly increase your chances for N-400 denial on the grounds of having abandoned your residence. Visiting the US for a couple of weeks every 4-5 months is just that, and does little to preserve continuous residence.
 
Well, you have a number of things to consider:

1) the continuous residence requirement - if you live abroad although you have had your gc for 5 years you might not be able to apply for naturalization because you have not met the continuous residence requirement;

2) and everyone always forgets about this - although you have your gc, it does not mean you can just go and live abroad, the officer at the port of entry has every right to deny your entry (even if you have not been out of the US for less than 6 months), if he/she believes you abandoned your residence in the US. And no green card would be able to save you. Just wanted to put in my 5 cents and tell you that those are the issues you have to consider.
 
Thanks for all the info. Here is some more info if it helps facilitate some more opinions

1. I am employed by a US company but am on the payroll of the local country.
2. I still have my family here until Dec of this year and I maintain a house as well.
3. I have not been outside of US for more than 4 months since I got my GC (Jan 05) so I assume I will have satisfied 2.5 years (half of 5 years) clause.
4. I do not intend to be outside of US for more than 4 months at a stretch (need to come back for review meetings every 4 months, etc.) but at the same time, I cannot stay for more than a week.

I am eligible to apply in Oct 09 (13 months from now) for the naturalization. Is it doable.. I know there are risks but I am willing to take it (have family reasons behind it as well).

Also, to apply for Re-entry permit, how long does it usually take for finger printing to happen? I plan to leave on Sep 8 (Monday) for 2 months and will be back in US in Nov for 3 weeks.
 
I have friends who applied for USC, then left the country, and then flew back to complete the formalities, including the final oath. I don't see any issues as long as you meet the residency requirement. You should consult an attorney.
 
vivek42 said:
Thanks for all the info. Here is some more info if it helps facilitate some more opinions

1. I am employed by a US company but am on the payroll of the local country.
2. I still have my family here until Dec of this year and I maintain a house as well.
3. I have not been outside of US for more than 4 months since I got my GC (Jan 05) so I assume I will have satisfied 2.5 years (half of 5 years) clause.
4. I do not intend to be outside of US for more than 4 months at a stretch (need to come back for review meetings every 4 months, etc.) but at the same time, I cannot stay for more than a week.

I am eligible to apply in Oct 09 (13 months from now) for the naturalization. Is it doable.. I know there are risks but I am willing to take it (have family reasons behind it as well).

Also, to apply for Re-entry permit, how long does it usually take for finger printing to happen? I plan to leave on Sep 8 (Monday) for 2 months and will be back in US in Nov for 3 weeks.
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I understand that you are taking risks. It is up to you.

But things that you need to check if you want to become US citizens are:
1) Is your company identified as a US company for sure? Be careful, sometimes IOs have hard time to believe if it is really a US company in other countries. What do you need is to check with your company. maybe request your US company to provide the letter to you for citizenship interview or immigration officer at any port in USA.

2) check the continuous residence requirement.. maybe apply for re-entry permit

You have to apply for US citizenship from USA, not foreign aboard. For fingerprint, you need someone to check mails to see if fingerprint appointment letter is received and interview appointment letter is received. Be aware, traveling back and forth can be costly. Anyways, fingerprint notice can be sent to you in few days after sending your N-400 application. Be aware.. processing time can be faster (depends on each district office). Just hope that namecheck wouldn't delay your case.

Just curious: Where will you be working? in your home country?

Suggestion: consult an attorney
 
If it's really a US owned corporation, get an N-470, otherwise understand that your strategy is extremely risky.

When the IO asks why you are living abroad, and for how long, what are you going to say? Hint: at the very least you need proof that you're only there on a fixed-term temporary assignment.
 
My company is a large company founded in US with offices around the world (It is not a public company but is a private partner model e.g., Private Equity Firms). Our main office is in NY. My offer letter is jointly from NY office and the regional office but it does not have any fixed term in it.

Main reason for me moving abroad is to get closer to home to be there for ailing mother when needed until things stabilize. I can get hospital documents to support the "family duties" claim. I still have all my investments in US (IRA, investments, etc.) and do not plan to move them out of country. Not sure if all this is going to be sufficient though. I am meeting with an attorney tomorrow and will find out more. In the meanwhile, if you highlight what all I need to do and what documents I can collect, it will only help.

Regarding the re-entry permit, I am leaving on Monday so will not be here for biometrics. Any thoughts? I will be back in Nov for 2 weeks and then again in Dec for a week.
 
vivek42 said:
My offer letter is jointly from NY office and the regional office but it does not have any fixed term in it.
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That's bad for your case. Any time you go abroad you must be able to prove its a temporary trip, otherwise you are effectively announcing to USCIS that you abandoned your US residence.

vivek42 said:
Regarding the re-entry permit, I am leaving on Monday so will not be here for biometrics. Any thoughts? I will be back in Nov for 2 weeks and then again in Dec for a week.
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If you don't attend the biometrics appointment, your N-400 case will eventually be administratively closed. Surely you need to plan your trips around the appointments, not the other way around? USCIS isn't very accommodating when it comes to asking for specific appointment dates.
 
Citizenship eligibility

Hi All,

I would like to get some advise on my case/eligibility for filing for citizenship. Below is the information with respect to dates:

Family = Wife + son.

Date GC receive: 31st July 2004
Family moved to India(without me) : 22nd May 2006
I moved to India : May 22nd 2007

in an attempt to not to break the continious residency clause, i visited US for 8 days on Oct 23rd 2007 and April 14th 2008 (so i was out of the US for less than 6 months).

Also while i was there in India i started working for a Indian company in July 2007 and worked till July 2008.

I am also wondering if me working for a indian company for a year has any impact on my case.

Now i have moved to US with a job ( in a US compnay) on August 1st 2008 and plan to continue to stay here till i become eligible ie; April 2009

If we go by the dates and as per my knowledge i become eligible to file for citizenship on April 2009.

As you can see my family did not complete the min required 30 months for being eligible for citizenship, but since i am eligible , can my son get citizenship after i receive mine.

Please advise...
 
Sansu said:
As you can see my family did not complete the min required 30 months for being eligible for citizenship, but since i am eligible , can my son get citizenship after i receive mine.
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Only if he is under 18 and starts living with you in your legal custody. That's assuming they don't deny you for breaking continuous residence.
 
Jackolantern said:
Only if he is under 18 and starts living with you in your legal custody. That's assuming they don't deny you for breaking continuous residence.
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Jack.. Thanks for your reply.

if we go by the books, i have not stayed outside US for more that 6 months, and now i do have a US job and would continue staying here. So why would you think that they can deny me for breaking continuous residence ?
 
Sansu said:
Jack.. Thanks for your reply.

if we go by the books, i have not stayed outside US for more that 6 months, and now i do have a US job and would continue staying here. So why would you think that they can deny me for breaking continuous residence ?
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...because USCIS examines your 'intent' during your extended overseas trips. Since you worked overseas for a foreign employer, you are going to have to declare that on your N-400. The IO will want to know why you were living and working abroad, and if you maintained close ties to the US, and had a definite return date in mind before you departed.

On the plus side, your return to the US will have significantly strengthened your case.
 
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