Moving abroad while N-400 in process

[chigc2002]

Hello all

It's been almost 5 years since my GC and I find myself visiting an immigration portal again. Anyway, I wanted to get your thoughts/comments on my scenario. Here goes...

I'm preparing to apply for my Naturalization (N-400) in a couple of months. As I prepare for that- I am present with an opportunity to work outside the US. This is not an intra-company transfer just to clarify. It would actually mean quitting my current position and leaving to join another company outside the US. I still intend to keep my home here in the US. Also, I meet the continuous residency requirements to be able to apply.

Do you guys think it would be a harm my N-400 application of I'm out of the US even if I leave after my FP has been completed ?

Is there an explicit law that says that you cannot leave the US while your N-400 is in process ?

Any other complications that might arise that I cannot think of ?

Thank you all

 

[warlord]

You will be abandoning your GC by taking up foreign employment and residence. So you should decide if you want to remain in the US and apply for US citizenship or simply abandon your Green Card. If at some point down the road you wish to live in the US again, you could always attempt to apply for a new Green Card as you did this time and then wait 5 years to apply for the N-400.

The other option is to wait till you are officially sworn in as a nautralized citizen before embarking on living abroad like you are planning. So you have pretty much 2 choices to make. If your new job can't wait that long (however long it will take depends on so many factors), then you can go to a US embasy in the foreign country and hand back your green card as it will be considered abandoned anyways. You could attempt to keep it, but there will always be a chance it will be revoked as soon as you come back if they find out your are living and working outside of the US like that...

 

[boatbod]

Do you guys think it would be a harm my N-400 application of I'm out of the US even if I leave after my FP has been completed ?

Taking foreign employment almost always leads to denial of N-400 on the grounds that you have broken continuous residence by showing intent to reside outside of the US. As a byproduct, it may also be sufficient evidence to show you abandoned your LPR, and thus revoke your GC. (Note: the latter part is harder to prove, so mostly USCIS settles for denying your N-400)

Is there an explicit law that says that you cannot leave the US while your N-400 is in process ?

You can leave the US, but only for temporary visits abroad. Taking up open-ended (i.e. non fixed term) foreign employment violates the LPR & N-400 requirement that you be a full time US resident.

Any other complications that might arise that I cannot think of ?

Umm yes... don't even think you can get away with making repeated trips back to the US to dodge the "6 month" continuous residence requirement. The IO has seen all those tricks before, and usually the end result is the same as if you hadn't wasted money on the air fare.

Like warlord said, if you are serious about becoming a USC, do it BEFORE you move abroad.