Moving to India after FP, before Oath... Help

C

cooldude20071

New Member
N400 on July 12
FP on August 4th
- Moving back to India on Aug 31st, take up job with MNC in India(sal in INR). Going back due to Health emergency in Family
- Plan to change address to friends(AR-11) before leaving
- Plan to come back for few weeks when called for oath and interview

Help... Do you folks see any problems with this. What precautions do I need to take, what documents can I carry to prove intent to stay in US
 
no issues whatsoever...just make sure u get back to u.s within 6 months if you do not get a oath letter in the meantime...

P.S>>u are a permanent resident till u take the oath and all rules that apply to a pr applies to u till u take the oath.
 
query11. said:
no issues whatsoever...just make sure u get back to u.s within 6 months if you do not get a oath letter in the meantime...

P.S>>u are a permanent resident till u take the oath and all rules that apply to a pr applies to u till u take the oath.
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Thanks a ton query11. Just to feel a bit more better about it - I read this following excerpt on the http://www.uscis.gov/graphics/services/natz/guide.htm web site that says -

"Be aware that absences from the United States while your naturalization application is pending could cause problems with your eligibility, especially if you accept employment abroad."

Woaaaa!! Isnt this the same situation I am in. help .....
 
Can someone tell me whether 2.5 year physical presence in last 5 years have to be satisfied at the time of application or interview or oath?
 
The issue is with USCIS thinking that you have abandoned your residence in the USA. Taking employment abroad is a strong indication that you have abandoned your permenent residence and puts your green card in jeopardy. If you are not a permanent resident, of course, you can't be naturalized (in almost all cases).
 
namedude said:
Can someone tell me whether 2.5 year physical presence in last 5 years have to be satisfied at the time of application or interview or oath?
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I am pretty sure this one is at the time of application, but of course, I am not a lawyer.
 
yeah u might want to think twice about employment....especially when u have less then what 4-5 months to naturalize....
since u said a mnc,i thought its a american company...if it is a american company u shouldnt have a problem though...u can always file for a 470(i forgot it should be a 470)
 
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scarlethawk said:
I am pretty sure this one is at the time of application, but of course, I am not a lawyer.
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Not so. You must maintain your continuous residence and total time outside US right up until you take the oath. You will be asked about trips abroad during interview, and again during oath.
 
The original poster asked about the "...2.5 year physical presence in last 5 years have to be satisfied at the time of application or interview or oath?"

While one has to maintain permanent residence in the US (requirement for keeping greencard), the continuous residence and physical residence requirements are for citizenship application only. There is nothing extending the physical presence requirement (2.5 year / 5 year) after application. If you see any please help with providing a link to the relevant law/CFR. Of course, I am not suggesting spending lots of time outside of the US 'cause that can put permanent residence in jeopardy (let alone citizenship).

The trips are asked at interview time or oath time to ensure that the general requirements for maintaining permanent residence have been met.
 
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scarlethawk said:
The original poster asked about the "...2.5 year physical presence in last 5 years have to be satisfied at the time of application or interview or oath?"

While one has to maintain permanent residence in the US (requirement for keeping greencard), the continuous residence and physical residence requirements are for citizenship application only. There is nothing extending the physical presence requirement (2.5 year / 5 year) after application. If you see any please help with providing a link to the relevant law/CFR. Of course, I am not suggesting spending lots of time outside of the US 'cause that can put permanent residence in jeopardy (let alone citizenship).

The trips are asked at interview time or oath time to ensure that the general requirements for maintaining permanent residence have been met.
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i cant find the link as of now...but it is the law and some of the best lawyers have opined on that one,till the day you take the oath you are a pr and its the same norms for a N400 applicant, including visits should be less than 6 months!
 
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