Moved aborad after applying for Citizenship

A

Asif2000

Registered Users (C)
This is a question from a friend of mine. Please let me know what options he has.

"I have completed 5 year residency requiremet on GC in 2004 and applied for Citizenship in 2004. I already completed fingerprinting and the interview. I am still waiting for the security clearance and Oath Ceremony is pending. I moved to UAE in 2005. I have continued to come to USA every 6 months. What options do I have if I do not want to come every 6 months? Can I apply for re-entry permit for 1 or 2 year and will it be granted. Please reply soon"
 
Asif2000 said:
This is a question from a friend of mine. Please let me know what options he has.

"I have completed 5 year residency requiremet on GC in 2004 and applied for Citizenship in 2004. I already completed fingerprinting and the interview. I am still waiting for the security clearance and Oath Ceremony is pending. I moved to UAE in 2005. I have continued to come to USA every 6 months. What options do I have if I do not want to come every 6 months? Can I apply for re-entry permit for 1 or 2 year and will it be granted. Please reply soon"
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A friend of mine got denied for citizenship 4 years ago in the same EXACT scenario. He worked in the US for 5 years since getting his GC, then applied for N400. After that he moved and worked abroad and had short trips to the US every 5 months. He couldn't have any proof during the interview that he didn't abandon his residency. Having a valid DL, bank accounts and filing taxes were not enough.
 
Asif2000 said:
This is a question from a friend of mine. Please let me know what options he has.

"I have completed 5 year residency requiremet on GC in 2004 and applied for Citizenship in 2004. I already completed fingerprinting and the interview. I am still waiting for the security clearance and Oath Ceremony is pending. I moved to UAE in 2005. I have continued to come to USA every 6 months. What options do I have if I do not want to come every 6 months? Can I apply for re-entry permit for 1 or 2 year and will it be granted. Please reply soon"
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I would suggest getting a good lawyer involved. If the permanent residency has been abandoned (as is suggested above) than how can one ask for citizenship based on that permanent residency.
 
This does sound like a rather risky strategy. If this person seriously wishes to become a US citizen, perhaps they should live within the stated residency rules and remain in the US until the process is complete?
 
futureuscitizen said:
Have a look at this form

Application to Preserve Residence for Naturalization - N470

Link

Hope this helps
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I am not sure if this is applicable (especially if your friend is not working for a USA based company and is on assignment abroad). I would again suggest getting a lawyer involved.
 
Here is some more information from him:

"I stayed for 1 and a 1/2 years in US after apllying for the citizenship, and almost a year after passing the interview, and they kept saying that we r waiting for the FBI clearance, then I moved to UAE due to my Mother, with whom I wanted to spend quality time. Also, my wife and children are US citizens."
 
Asif2000 said:
Here is some more information from him:

"I stayed for 1 and a 1/2 years in US after apllying for the citizenship, and almost a year after passing the interview, and they kept saying that we r waiting for the FBI clearance, then I moved to UAE due to my Mother, with whom I wanted to spend quality time. Also, my wife and children are US citizens."
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Let's put the humanitarian factor to a side. The fact is if you are a PR and move your primary residence abroad you loose your PR status. If you loose your PR status you can't get citizenship on the basis of that PR status.

Taking up employment abroad and moving the primary residence abroad is a pretty good indication that somebody has no interest in keeping their PR status.

Since interview is already done there are chances that he will just receive oath letter and he can come in without any problems to get the oath done. But I would again suggest, if citizenship is important to him, he should get a lawyer involved.

Having said that, I do empathize with your friend's situation. It's something that a lot of us go through and it's not easy. Good luck!
 
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