Leaving U.S. for work after applying for naturalization

[ain5053]

I have been a PR for 4 1/2 years, although I have lived in the U.S. for almost 10 years. Recently I received a job offer in Canada. In order for me to maintain my PR status and still qualify for naturalization, I had to ask the job to postpone the offer until I become U.S. citizen.

However, I still want to move to Canada and work there as soon as possible (it's my dream job).

It will be 5 years of me being a permanent resident on July 11th. I read that I can apply 3 months in advance.

Question is, can I file the form/ get fingerprints and leave the U.S. to go to Canada after applying (in April)? Then come back for interview/oath when needed? The job is technically "temporary" and I would still pay U.S. taxes and rent my apartment here to preserve my residency and not seem to abandon my P.R. status. I read that absences below 6 months pose no threat, but it might be different after I have already applied for citizenship.

Would it be best for me to wait longer and to get my citizenship before relocating to Canada?


Also, if I apply 90 days before my 5 years (April), should I expect to have my American passport within those 90 days (in July??) or will it take longer? I heard 6 months/year but that seems very long.

 

[Tazmania]

Only problem I see is that you have to to put in your jobs in the last 5 years. And putting in a job in a different country is basically bad and indicates you gave up your residence.

Anyway you never know how long it takes for the whole process but usually they are not doing the interview before you passed the 5 years.

 

[Jackolantern]

Is the job for a US company? If yes, and you and the company meet the criteria for N-470, an approved N-470 would allow you to work for them in Canada without breaking continuous residence.

 

[Tazmania]

Can't they hire you as a contractor for that short time and you keep you home in the U.S. and go over for some time every month until N-400 is done?

What is your USCIS Field Office?

 

[ain5053]

The company is Canadian. They have an office in U.S., and the two offices have 50/50% ownership, meaning they can transfer employees between the two offices, but it's split so the Canadian office is considered its own Canadian company.

They can't hire me through the U.S. office, or as a contractor (I live on the East coast, and they are in Vancouver). Basically I want this job much more than they want me (entry level), and it's up to me to figure out how to make it work. They are willing to wait until I get my citizenship, but I just want to see if there are ways to expedite this process.

My USCIS Field Office is Philadelphia, PA.

The job would be considered "temporary" on a 3 year work permit (although the plan is to become Canadian resident).

This is a complicated situation, because I grew up in the U.S. and this is absolutely my home. I wouldn't want to move to Canada if it weren't necessary. I am afraid to lose my citizenship chance if I go to Canada prior to receiving it, but at the same time afraid I will not get another opportunity like this in the future.


Thank you for your replies, I appreciate it! I went to talk to a lawyer and he was no help at all, figured this might be a better place to ask.

 

[ain5053]

Can't they hire you as a contractor for that short time and you keep you home in the U.S. and go over for some time every month until N-400 is done?

What is your USCIS Field Office?

Tazmania, I am seeing in your signature, you applied in April and did not get your passport until October...
Similar as my situation.
I would apply in April, 90 days prior to my 5 years (July 11). I am hoping to get my passport by the end of August, as that is when I am planning on relocating to Canada. Do you think it is possible?

 

[Jackolantern]

Next year August? I wouldn't trust them to hold the job open that long for you. Management can change, government regulations can change, the economy can change, another brilliant applicant comes along and takes the position ... any number of things could happen to make them withdraw the job offer.

If you want the job, get a reentry permit, take the job ASAP, and sacrifice your citizenship prospects for the foreseeable future. When the reentry permit is about to expire in 2 years, if you still have the job you can reevaluate the situation and decide whether it's worth it to settle in Canada permanently or return to the US to preserve your green card and resume your pursuit of US citizenship. Or if you don't have that job 2 years later, move back to the US and wait another few years to rebuild your citizenship eligibility.

 

[ain5053]

Next year August? I wouldn't trust them to hold the job open that long for you. Management can change, government regulations can change, the economy can change, another brilliant applicant comes along and takes the position ... any number of things could happen to make them withdraw the job offer.

If you want the job, get a reentry permit, take the job ASAP, and sacrifice your citizenship prospects for the foreseeable future. When the reentry permit is about to expire in 2 years, if you still have the job you can reevaluate the situation and decide whether it's worth it to settle in Canada permanently or return to the US to preserve your green card and resume your pursuit of US citizenship. Or if you don't have that job 2 years later, move back to the US and wait another few years to rebuild your citizenship eligibility.

This is exactly what I was ready to do a month ago when I first got the offer. However, I reconsidered since I only have 4 months until I can apply for citizenship, and 7 months until I would be able to get a passport (considering it takes 90 days since I apply).
I believe the job will still be there in August. (7 months from now)
I am afraid to leave the country on a re-entry permit as it does not guarantee that I may return. I wouldn't want to be questioned by the border officer every time whether I have abandoned my residence in the U.S. I would like to apply for citizenship first, and then leave. But don't know if that would in some way interfere with the naturalization process.

 

[Jackolantern]

This is exactly what I was ready to do a month ago when I first got the offer. However, I reconsidered since I only have 4 months until I can apply for citizenship, and 7 months until I would be able to get a passport (considering it takes 90 days since I apply).
I believe the job will still be there in August. (7 months from now)

You're assuming your citizenship process would take just 3 months, but you have to be lucky for it to go that fast. That is not the typical time frame. It's more likely to take 5-6 months, stretching your completion time to September or October. Mine took 5 months.

I am afraid to leave the country on a re-entry permit as it does not guarantee that I may return. I wouldn't want to be questioned by the border officer every time whether I have abandoned my residence in the U.S.

Such harassment is rare with the first reentry permit if you don't have a history of extensive travel before the permit. Having the permit decreases your chances of being hassled at the port of entry.

I would like to apply for citizenship first, and then leave. But don't know if that would in some way interfere with the naturalization process.

During the naturalization process is the worst time to be making long or frequent trips abroad. If the naturalization interviewer ask why you've been traveling, you're doomed once they realize that it's because you're working abroad for a non-US company.