Leave after applying N-400

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justfiled

Registered Users (C)
I know there's been many threads on this but each case is so different from the other, I just had to ask for myself:

I will be eligible for applying for N-400 this December or January (have to check exact dates, but somewhere around then).
I will be applying for citizenship based on the 5 year residency and for all these years I have maintained residency: ie, I've lived, worked in NY and have only left to go on short vacations of no more than 2 weeks at a time. Probably no more than 30 days of total vacation for any year.

However, in September, I'm just about to go to Europe to study for a year. Although I have no issues coming and going to maintain my residency and do all the needful paperwork etc, I'm just not sure if I am eligible now to apply for the N-400.

Could I leave in Sept and return in Dec (for holidays) and apply while I am here, go back to Europe, then return to do FP, then return again for the interview and again for the oath? Would that work? How long does it normally take for FP notifications in NY? If it's only a couple of weeks, I can even stay back.

I can also prove ties to NY with property papers although I had plan on renting it out while I was away so my mailing address inthe US will be c/o someone else.

Any advise on what I should or shouldn't do?
 
Extensive travel immediately before and during the N-400 process is a classic sign of somebody who has already relocated abroad for good and is just trying to wrap up their citizenship as a last step. You might get approved, you might not -- continuous residence is a subjective thing at the discretion of the IO. But your chances would be a lot better if you waited until after you completed your studies and then stayed in the US for a few months before applying.
 
Would I be able to be out of the country for from Sept- Dec and then again from Jan-June, then return and file when I'm back for good? Would my countdown start again or would studying be a good enough reason to have been gone for so long?
 
justfiled said:
Would I be able to be out of the country for from Sept- Dec and then again from Jan-June, then return and file when I'm back for good? Would my countdown start again or would studying be a good enough reason to have been gone for so long?
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As long as your trips are less than 6 months it is OK. Your total absence in the last 5 year would not exceed 350-400 days. I foresee no problem with you having all records of study. The question how soon you can apply on return in June, i leave to experts to comment.
 
OP (original poster) can file immediately on return as long as the return is to the same district. However, 10 months of absence (even if broken in 2 trips) is not good. In the end, it is the IO's call whether to make it an issue or not.

If your GC date is May 2nd, 2006, then you can file only around February. So you will have FP, interview and oath all in the middle of your big (6 month) trip. Sure that's a workable plan?
 
madh4 said:
As long as your trips are less than 6 months it is OK.
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That's a common misconception. As has been discussed here before, back to back trips under 6 months can still cause issues for continuous residency requirement.
 
My GC start date is: 3/16/06 so technically I should be able to file in Dec when I come back. At that time, I'll have made only one trip of 3 months out of the country. But I'll have to leave in January again (but I can make trips back for FP and interview and oath). Is that risky?

If I wait till I get back in June, I'll have already accrued 2 back to back long trips. And even then, although I will be here for a few months from June, I was hoping that eventually, if I had the opportunity, to work outside the country for a while.
 
justfiled said:
I can also prove ties to NY with property papers although I had plan on renting it out while I was away so my mailing address inthe US will be c/o someone else.
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Renting out your residence to someone else while you are out of US is not a sign of maintaining US residency ties. In fact, it can be seen as a sign you have abandoned your primary residence.
Maintaining primary residence in US means you are paying rent/mortgage/utilities on your US residence while you are out of the country.
 
I hope to have my interview sometime next month after having studied abroad with back to back trips. I'll let you know how it goes. There are others on this forum who've done similar things. Some have had no problem at all, and some have been asked to show ties to the US, so make sure to maintain those, and DON'T work overseas.
 
I'd still own the apt I rent out so I would be paying monthly mortgage & some utilities. I just can't be paying double rent/mortgage while I'm living elsewhere so it is just financially practical to rent a place out. It's quite common in NYC where living is so expensive. I would maintain bank a/c and credit card bills, storage fees- they would also just be going to a c/o address for a year.

Cafe- did you apply just after your study abroad? keep us posted how it goes.
 
justfiled said:
I'd still own the apt I rent out so I would be paying monthly mortgage & some utilities. I just can't be paying double rent/mortgage while I'm living elsewhere so it is just financially practical to rent a place out.
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Owning/paying mortgage on US property doesn't equate to maintaining a primary US abode, especially when it is being rented out to someone else.
 
Hmm, I see what you mean. So this is definitely going to be an issue and grounds for denial or does it depend on the IO?
 
It can be an issue since you will be leaving in September for studies in Europe and abandoning your US address.
On the other hand, they are lenient with applicants studying overseas temporarily.
 
justfiled said:
Hmm, I see what you mean. So this is definitely going to be an issue and grounds for denial or does it depend on the IO?
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Yes to both. It is an issue, and it depends on the IO (and the appeal panel or judges reviewing the case at a higher level, if you appeal).
 
If I leave in Sept and return in Jan to file, I will only have gone one time for 3 months. They don't know about any future plans to travel. Is my studying abroad something I'll have to disclose in the application?
 
justfiled said:
If I leave in Sept and return in Jan to file, I will only have gone one time for 3 months. They don't know about any future plans to travel. Is my studying abroad something I'll have to disclose in the application?
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They'll see that you were gone for 3 months before applying, gone again between applying and fingerprints, gone again between fingerprints and interview (and if you get past the interview, gone again between the interview and oath). Experienced IOs will recognize this as the classic travel pattern of somebody who has already relocated abroad permanently, so you could have a tough time to convince them otherwise, especially since you are not maintaining access to a primary residence in the US.

But if you wait until after you're done with the long traveling, and stay a few months in the US and then apply, you would avoid raising their suspicions of having already relocated abroad for good.
 
Jackolantern said:
Experienced IOs will recognize this as the classic travel pattern of somebody who has already relocated abroad ...
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So let's say all the clues are there, but the person gets approved. Could this be an issue down the line, under any circumstances (based on current law)?
 
It will be tough waiting after I'm done because frankly, I may get more studying opportunities elsewhere in the world and would like to take it up. I don't plan on moving countries so much as roam around a bit. So hence the added need/security of getting my citizenship. i know they don't see it that way of course but I don't know what else to do but take the chance.
 
sanjoseaug20 said:
So let's say all the clues are there, but the person gets approved. Could this be an issue down the line, under any circumstances (based on current law)?
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It can be an issue after an approval recommendation at the interview. People have been pulled out of the oath for having extended travel. But once the oath is taken, it won't be an issue again, as long as the individual did not lie (e.g. by not reporting a trip).
 
justfiled said:
It will be tough waiting after I'm done because frankly, I may get more studying opportunities elsewhere in the world and would like to take it up. I don't plan on moving countries so much as roam around a bit. So hence the added need/security of getting my citizenship.
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Then return to the US after this course of study, stay 3-6 months in the US, apply for citizenship, and don't take any long trips again until after the oath. Or even better, delay this initial course of study until after your oath. The universities you want to study at and countries you want to live in and visit aren't going to disappear because you take a 6-12 month break or delay.
 
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