Moving out of the US before naturalization is complete

[slr]

Newbie question:

I recently applied for naturalization however I have not had FP or interview etc. I am considering moving out of the country for an extended period (possibly over 2 years) before the process is complete.

First off - I would like to know if this would invalidate my N400 application. If not, I would like to know if there are any issues with doing this and what the pitfalls and caveats are? Would I have to return to the US to complete this, or can the process be completed at one of the US embassies? Is there any part of the naturalization process that can be completed while being out of the country - say the interview and the oath ceremony?

Thanks

 

[slr]

Could I not apply (with form N-470?) to maintain my PR status for upto 2 years? If I do that, won't my application for naturalization be still valid (even if I am out of the country)?

 

[slr]

Well, If you are staying out of the US for UP to 2 years, you can apply for a reentry permit, and You should not lose your green card. However, you would lose time counted toward the citizenship and continuous residence. If you qualify for citizenship based on 5-year residence, then you have to have spent time in the US for at least half of that time.

Sony

Sorry, I am a little confused - I have already completed the requirements for continuos residence and time needed towards applying for citizenship - hence I have already applied using form N-400. Are there any other requirements for continuos residence after applying as well?

 

[slr]

You have to distinguish two things: maintaining the GC and citizenship eligibility.
The N-470 (if you qualify) preserves the continuous residency for naturalization.
To maintain the GC, you have to reside in the US. All trips abroad have to be temporary in nature. Having a reentry permit does not change that requirement. If you move abroad, i.e., abandon your residency, reentry permit or not, you lose the GC. As Ron Gotcher on his board so nicely formulated: "If he has abandoned his residence, he can be denied entry after a ten minute absence." (http://immigration-information.com/forums/showpost.php?p=2082&postcount=5)

My intent is not to abandon my residence in the US. Since I have met all the requirements for citizenship and hence applied for it - I was hoping that I could leave the country while the application is processed - return to the US (within 2 years) to complete the citizenship processing (if needed) and then return to the US permanently once my current assignment is over.

I am hoping this is possible.

Thanks

 

[GeeC]

You need to talk to a good lawyer as not many people in this forum would have any experience with this situation.

When you are filing N-470, it is understood that you are not abandoning the PR and that you are seeking permission from the CIS that you want to work for a US company abroad and will be returning to the US once your assignment is over. You are considered PR during this stay outside the US and you will have to pay taxes etc,

Now the question is if you have already filed N-400, how are you going to respond to FP, Interview call etc. I don't think any of these could be done at US consulates abroad. I have not heard them processing N-400 outside the country. If they do, then you should be OK. This is where you need an attorney.

What you can do though is apply for CZ once you come back from the assignment abroad or wait for 6+ months until the process is complete. And as a USC, you are free to stay wherever you want and however longer you want.

 

[ocworker]

You have to continue to fulfill the naturalization requirements until the oath. And one of the requirements of INA 316 is: "(2) has resided continuously within the United States from the date of the application up to the time of admission to citizenship"

that is true. and lot of people have a misconception about they have lived in US with PR status for 20 yrs. they left the country for 1 yrs to break the eligibility of applying citizenship. However, they still think they are eligible because they thnk "they have been living in US for 20 yrs".

 

[ocworker]

My intent is not to abandon my residence in the US. Since I have met all the requirements for citizenship and hence applied for it - I was hoping that I could leave the country while the application is processed - return to the US (within 2 years) to complete the citizenship processing (if needed) and then return to the US permanently once my current assignment is over.

I am hoping this is possible.

Thanks

are you employed in US based company and the company sends you to oversea for an assignment? if it is true, it should be a short term assignment and you should return US for every 5 months or so.

well, as JoeF said, you have to keep all the requriements for citizenship until you go thru oath to become US citizen.

 

[GeeC]

are you employed in US based company and the company sends you to oversea for an assignment? if it is true, it should be a short term assignment and you should return US for every 5 months or so.

well, as JoeF said, you have to keep all the requriements for citizenship until you go thru oath to become US citizen.

He does not have return to US every 5 months or so if he had filed N-470.

 

[ocworker]

He does not have return to US every 5 months or so if he had filed N-470.

alright then... i have not been out of the country more than 1 month per trip since i received my gc. (i was out of the country for 6 months on an oversea assignment but i was on my h1) and now i have my citizenship so i am not too clear (or not my concern) on the rule.

 

[GeeC]

You assume that he has an assignment abroad. He has not mentioned anything like that, though.
As I said, having an assignment abroad with a clear ending change changes things.

Thanks JoeF. Although he did not mention it in his original post, he has subsequently clarified that he has an assignment and that he wanted to come back to the US permanently once his current assignment is over.

My intent is not to abandon my residence in the US. Since I have met all the requirements for citizenship and hence applied for it - I was hoping that I could leave the country while the application is processed - return to the US (within 2 years) to complete the citizenship processing (if needed) and then return to the US permanently once my current assignment is over.

I am hoping this is possible.

Thanks

 

[GeeC]

Hmm, that doesn't say that it is an assignment from a US company, and has a clear ending date. Nor has he said that the assignment is the reason he wants to go abroad.
He only said he wanted to come back. But that's not enough for keeping the GC. What matters is the "place of general abode", "without regard of intent". That's from INA 101:
"(33) The term "residence" means the place of general abode; the place of general abode of a person means his principal, actual dwelling place in fact, without regard to intent."
Again, if you move, you change your residence. If you are temporarily abroad, you do not move. You visit.
If you tell an immigration officer you moved to country X, even if you intend to move back to the US at some point, the officer will still take away your GC.
To the OP: it would be the best if you explain these things in detail. That would keep us from guessing...

My prime reasoning for the assumption that he has a US job and wants to come back is that he wants to file N-470. This is the key here and that means a US based company should be willing to place him abroad for an assignment -- otherwise one cannot file N-470. This is not simply a reentry permit.

 

[slr]

To the OP: it would be the best if you explain these things in detail. That would keep us from guessing...

Some clarification: Yes, it is a US based company assignment with its subsidiary abroad - however there is no indication of a clear end date. I was told that I will be eligible for applying for N-470. (I shall seek clarification)

My question is: if I am eligible for N-470 (based on this being a US company assignment) - do I still need to continue to stay in the US until I get my citizenship? As it stand today I meet the physical presence and continuos residence requirement - and hence I have applied using form N-400. It appears that if I were to go for this assignment (even with an N-470) I would be ineligible for naturalization (based on my current application). Needless to say - I intend to keep paying US taxes while I am out of the country.

My question then is: How soon can I start the assignment without disrupting my current application? Do I have to wait until the oath - get a US passport and then travel on this assignment?

What is the time frame for this in the Seattle district? I have a PD of 12/27/2005 and a notice date of 01/05/2006

 

[GeeC]

Some clarification: Yes, it is a US based company assignment with its subsidiary abroad - however there is no indication of a clear end date. I was told that I will be eligible for applying for N-470. (I shall seek clarification)

My question is: if I am eligible for N-470 (based on this being a US company assignment) - do I still need to continue to stay in the US until I get my citizenship? As it stand today I meet the physical presence and continuos residence requirement - and hence I have applied using form N-400. It appears that if I were to go for this assignment (even with an N-470) I would be ineligible for naturalization (based on my current application). Needless to say - I intend to keep paying US taxes while I am out of the country.

My question then is: How soon can I start the assignment without disrupting my current application? Do I have to wait until the oath - get a US passport and then travel on this assignment?

The safest route is that you get US Passport and take up the assignment, provided the opportunity waits that long.

Having said that, I don't believe that filing N-470 shall void your pending N-400. As long as you can appear for FP, interview and oath appointments, you should be alright. You can explain to the officer during the interview about your approved N-470 and the reasons for the TEMPORARY stay abroad.

So, the challenges are more logistical than procedural in my opinion -- can you travel back to the US at least three times for these appointments? Do you have someone to redirect the CIS communications to you, etc.

Again, I would not make any decisions solely based on the advice that I get from the Forums, I would consult a good immigration attorney on issues such as this that are not commonplace.

Goodluck.

 

[GeeC]

I pretty much agree. There is one more thing, though: the 3 month residing in the district requirement. My reading of the law (8 CFR 316.5) is that he needs to move back to the US before the oath:
"If, upon returning to the United States, an applicant returns to the State or Service district where the applicant last resided, the applicant will have complied with the continuous residence requirement specified in Sec.316.2(a)(5) when at least three months have elapsed, including any part of the applicant's absence, from the date on which the applicant first established that residence."
I also agree with that.

Good call out.

The law that you are referring to here Sec.316.5(b)(5)(ii) is for absence under one year case and shall not apply to him since he is protected under Sec. 316.5(d), a beneficiary of N-470.

Even if it did apply, he still seems to be covered as he has already filed N-400 and therefore has fulfilled the residence requirement for the Service District. Interestingly, the law reads "...when at least three months have elapsed, including any part of the applicant's absence, from the date on which the applicant first established that residence ..." -- Note that INCLUDING applicant's absence since the date that he FIRST established residency in a state. He must have already established residence and even fulfilled the 3 months requirement as otherwise he would not have qualified for N-400.

The only thing he needs to make sure is that he should come back to the same District (Seattle).

Again, all the disclaimers apply!!!