GC holder with one more year left till I get citizenship

[Bobsmyth]

bobsmyth-if you dont mind me asking, your signature shows that between submitting the n-400 and your oath ceremony was well over a year! scary! any roadblocks you'd recommend i avoid so that my n-400-to-oath happens within the theoretical 3 months?

As Auscal mentioned, the delay was due to backlog in applications due to 2007 fee hike. My application basically stood in a pile for 6 months before anything was done. Everything else went smoothly, but just took time due to the backlogs.

also, does one have to be physically present in the US for the entire peiod from the time the n-400 is filed up to the time of the oath (best case 3 months)?

thanks

No need to be physical present in US until oath, but you have to keep continuous residency during the entire time.

 

[sikander]

Auscal, just chill

Answering one part on Bob's behalf, since my timeline is simlar. In June 2007 USCIS applications fees had a steep rise. The effect of this was a backlog of applications, as large numbers of applicants rushed to get their applications in before the fee hike. Consequently, processing times of over a year were standard for people caught in this backlog, or those who applied in the following few months.

Being one whose straightforward N-400 took 17 months, if is hard to be patient with poster who are complaining about 3 months timelines.

Auscal, thanks for your reply. At the same time, just chill. If your n-400 took 17 months, that's completely mutually exclusive from what my expectations of the timeline should be. Furthermore, there wasnt any complaining in my message.

 

[sikander]

Bobsmyth-many thanks!!

As Auscal mentioned, the delay was due to backlog in applications due to 2007 fee hike. My application basically stood in a pile for 6 months before anything was done. Everything else went smoothly, but just took time due to the backlogs.


No need to be physical present in US until oath, but you have to keep continuous residency during the entire time.

Bobsmyth, as usual, many thanks. Taken note of your point to maintain continuous residency throughout the period. Have a great day.

 

[bebble]

Dear friends,
I obtained my Green Card in June 2005. I believe I should be eligible to become a citizen by June 2010.

You can file for naturalization in March 2010 (3 months before 5 year mark).

You also have to be physically present in the district for another 3 months, which means you must return back to the US in December 2009, which is just 7 months from now.

So just make a single trip of 5.5 months, and come back to obtain your citizenship.

As far as multiple 5.5 month trips go, interviewer won't even bother listening to you telling them that each trip was under 6 month. They bluntly tell you it was a single long trip, and your returns to US were "temporary trips to US from another country" - that's what I was told at my interview. So be very careful with this approach.

 

[gc_luckyguy]

I made several 5.5 month trips

You can file for naturalization in March 2010 (3 months before 5 year mark).

You also have to be physically present in the district for another 3 months, which means you must return back to the US in December 2009, which is just 7 months from now.

So just make a single trip of 5.5 months, and come back to obtain your citizenship.

As far as multiple 5.5 month trips go, interviewer won't even bother listening to you telling them that each trip was under 6 month. They bluntly tell you it was a single long trip, and your returns to US were "temporary trips to US from another country" - that's what I was told at my interview. So be very careful with this approach.

What was the outcome of your interview as far as making multiple 5.5 month trips. I have couple of 5.5 month trips but not back to back. I made 5 (five month ) trips. Your advise is appreciated.

 

[Auscal]

At the same time, just chill. If your n-400 took 17 months, that's completely mutually exclusive from what my expectations of the timeline should be. Furthermore, there wasnt any complaining in my message.

Oh don't worry, I'm chilled - have been since my passport arrived

I didn't mean to infer that you posts were complaining - it was more a general comment - so, if it implied other, I apologise.

 

[sh1996]

I would like to add a third requirement to the one listed by sh1996
(1) physical presence
(2) continuous residency
(3) Intent to permanently reside. It is very difficult to prove in some cases. Even if you visit US every 6 months, the IO might feel that intent is not there.

Intent to permanently reside is not a requirement for citizenship. In fact in 1994 they removed the requirement that naturalized citizens needed to remains in the US for 1 year after getting citizenship. You just need to prove continuous residency until oath date. What you do afterwards (so long as it's legal) is none of USCIS's business.

 

[sh1996]

sh1996, thanks for these details. i'm single and dont have a wife family who can stay behind here, which i could use as proof of not abandoning residency and proving continuous residency.

i need to get back home for non-employment reasons. if i have to stay here in order to be on the safe side for the 1 year preceding citizenship, then it sucks because 1) i need to get back to africa for family reasons 2) i'm graduating business school in june, with no freakin' job. even though my move to africa isn't driven by employment factors, the chances of being hired in africa are ironically higher than the US

Thanks

If you need to go back, do the calculations and make sure you still meet physical presence requirements and maybe go back to Africa to visit for less than 6 months between June 2009 and March 2010. While you're in Africa, work temporarily or just consult. If you work, make sure you file a US tax return. While in Africa, rent a place in the US (and sublet it out if you can). After you come back in March 2010, try to stay until the citizenship application is done or take trips back to Africa of much shorter duration than 6 months with several months in the US in between. At the interview if they ask about the <6 month trip to Africa, tell them it was for family reasons (e.g., sick parent, whatever).

If you're graduating in June with no job, consider moving to one of the faster districts and living there for a few months before going back to Africa for the <6 month trip. Odd places (e.g., Fargo) probably have fast processing times and much lower cost of living if you need to live there for an extended period without a job. Good luck.

 

[Bobsmyth]

Intent to permanently reside is not a requirement for citizenship. In fact in 1994 they removed the requirement that naturalized citizens needed to remains in the US for 1 year after getting citizenship. You just need to prove continuous residency until oath date. What you do afterwards (so long as it's legal) is none of USCIS's business.

I believe rpranesh is referring to residency intent during the the statutory period up until the oath, not after naturalization. For example, an applicant with back to back trips just under 6 months will be seen to have broken intent of continuous residency eventhough the individual trips to not presume break in continuous residency.

 

[gc_luckyguy]

Mulitple 5.5 months tips

I believe rpranesh is referring to residency intent during the the statutory period up until the oath, not after naturalization. For example, an applicant with back to back trips just under 6 months will be seen to have broken intent of continuous residency eventhough the individual trips to not presume break in continuous residency.

I made several 5.5 month trips ( 5 of them). Never back to back though.
Total days outside the US 897 days.
Same address for the last 5 years, Paid taxes.

Bobsmyth -what do you say about this?

 

[Bobsmyth]

I made several 5.5 month trips ( 5 of them). Never back to back though.
Total days outside the US 897 days.
Same address for the last 5 years, Paid taxes.

Bobsmyth -what do you say about this?

Be prepared to provide proof of US residency ties during statutory period including US tax receipts, US rental/mortgage statements, US utility bills, US bank accounts , location of spouse (if applicable), reason for trips, etc at interview.

What was the purpose of your repeated lengthy trips?

 

[sikander]

thanks bobsmyth, bebble, and sh1996!

gentlemen/ladies, thank you.

sh1996, the strategy you recommended I would love to do (live and maybe consult in Africa for periods <6 months), but i'm told by others its very risky, especially in the last 4/5 years, and even more so given the Obama administration.

Here's another idea I had:

1. What if I obtained a job with an American multinational/organization in Africa, and was posted in Africa for the period from now until I become a citizen. If I applied for an ?N-470?, could I follow the above plan of making 2 trips once every 6 months until time comes for my citizenship oath?

2. Assuming I get an N-470, then do I still need to be physically present in the US from the entire duration from applying for citizenship, to taking the oath? Or can I just fly back in to the US for my oath?

3. In order to apply for an N-470, would I need to be hired by/reporting to/getting paid from the US-based office/headquarters of the American organization, or would being hired by the local African subsidiary (e.g. Microsoft South Africa) work just as well for applying for an N-470?

4. How long does it take to obtain one of these darned N-470s, and do I need to be in the US when I apply for one?

Your comments, as usual, are appreciated.

Thanks

 

[sh1996]

gentlemen/ladies, thank you.

sh1996, the strategy you recommended I would love to do (live and maybe consult in Africa for periods <6 months), but i'm told by others its very risky, especially in the last 4/5 years, and even more so given the Obama administration.

I wasn't proposing back-to-back absences of <6 months. Just maybe one such absence after graduating then much, much shorter absences while you are in fact living in the US after your application is submitted.

For all your questions below, you should consult the instructions to Form N-470 and consult an immigration lawyer. There are additional requirements to using the form. I haven't personally applied for one, so can't tell you more than what's on the published form/instructions.

http://www.uscis.gov/portal/site/us...nnel=40a9b2149e7df110VgnVCM1000004718190aRCRD

1. What if I obtained a job with an American multinational/organization in Africa, and was posted in Africa for the period from now until I become a citizen. If I applied for an ?N-470?, could I follow the above plan of making 2 trips once every 6 months until time comes for my citizenship oath?

Although a little confusing (you used to have to apply before you left the US), you can apply anytime within 1 year of leaving. Once N-470 is approved, you don't have to keep coming back every 6 months. Note however that you should also get a re-entry permit so you don't get hassled by immigration if you do stay out for extended periods of time. Also, while N-470 preserves continuous residency, it does not waive the physical presence requirement. Also, you should maintain some sort of mailing address in the US -- it's not clear if you can apply when abroad without one (i.e., for determination of which district office that you're subject to). Folks on the board seem to be split on this. Some folks think you need to come back and live in the US for 3 months before applying for citizenship. I personally think if you keep your US bank accounts etc. and have them forwarded to a residential address (maybe a relative's house) while you're aboard, you should be able to use that address for your N-400 application while aboard.... You should ask a lawyer about applying for citizenship while aboard though. I thought I read somewhere that Rajiv (host of these boards) managed to do this for a client. (If a lawyer doesn't think you can apply from aboard, ask if it's okay for you to come back for 3 months to establish residency in a district, send in the application, then leave again.)

2. Assuming I get an N-470, then do I still need to be physically present in the US from the entire duration from applying for citizenship, to taking the oath? Or can I just fly back in to the US for my oath?

See above about applying for citizenship aboard. If you can apply from abroad, you'll need to at least fly back for fingerprinting, interview and oath. Note you'll be making several trips on short notice then (e.g., very expensive) and will also need a reliable person checking your mail.

3. In order to apply for an N-470, would I need to be hired by/reporting to/getting paid from the US-based office/headquarters of the American organization, or would being hired by the local African subsidiary (e.g. Microsoft South Africa) work just as well for applying for an N-470?

Subsidary of a US corporation is fine. Note that you need supporting evidence from the corporation for the N-470. So obviously you need to make sure they'll be able to do this before taking any job. Also, you need to file US tax returns irrespective of whether you're hired by the US corporation (and paid in US dollars) or by the local subsidiary (and paid in local currency). Citizens and greencard holders are taxed on worldwide income by the IRS.

4. How long does it take to obtain one of these darned N-470s, and do I need to be in the US when I apply for one?

Don't know how long it takes, but you don't have to stay in the country while it's processing. You do take a risk if you leave and it doesn't get approved though.

 

[sikander]

sh1996-thank you so much and my apologies

sh1996

i've been meaning to thank you for this detailed response, for some time. My sincere apologies.

i've graduated and am now looking for jobs with US companies/organizations back in africa. let's see how this goes. i am considering joining a company a relative had incorporated in the US several years ago, and perhaps working abroad as a consultant under that company's label.

once again, many thanks.

regards

 

[Jackolantern]

i've graduated and am now looking for jobs with US companies/organizations back in africa. let's see how this goes. i am considering joining a company a relative had incorporated in the US several years ago, and perhaps working abroad as a consultant under that company's label.

I don't think that will get your N-470 approved.

 

[sikander]

Is an N-470 even required for an absence of less than 1 year?

Thanks JackoLantern.

Also folks, I just read the Guide for Naturalization and it states that an N-470 is required only for trips outside the US for 1 year or longer.

A couple of things:

1. Suppose I leave the US to go to Africa at the end of July or August, and return in June (effectively about 10 months) for my citizenship interview/oath.etc, but make a trip in between, say in January. Then technically I don't need to find a job in Africa with a US company and don't need an N-470 either? Correct?

2. How safe is this (a trip abroad of ~10 months with a trip in the middle for a month or so back to the USA) for my acquisition of citizenship in June '10?

Many thanks

 

[tnwalker]

If you are not in undue financial duress, can't you just hold it for another year? Nowadays the citizenship is arriving in 3-4 month from application to oath. A year goes by fast-if for some reason, they change the rules again-who knows maybe you have to wait another 5 years?

 

[Jackolantern]

Thanks JackoLantern.

Also folks, I just read the Guide for Naturalization and it states that an N-470 is required only for trips outside the US for 1 year or longer.

However, a trip of 6 months is enough to create a presumed break in residence, and the N-470 would preserve continuous residence during that trip.