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N400 and foreign posting
- Thread starter svasudev
- Start date
Sand Diego
Registered Users (C)
svasudev said:I mailed my N400 application to the VSC a week ago (first week Oct 05) and now my employer wants to know if I would be interested in a 1 year posting in India to setup a new division.
How will a one year non-residence affect my application ?
Thanks
Vasu
There are two issues here:
1) Maintaining GC and naturalization eligigility: Do not stay away in a single trip 6 months or longer and continue your residence in the USA (pay taxes as resident, maintaing domicile, etc.). There are other ways (like travel permit) but in your circumstances this is the easierst, cleaner way.
2) Pending N-400: You can have someone open your mail and you can return for the fingerprinting, interview and naturalization ceremony. Alternatively you can withdraw the application and refile after your foreign temporary assignment has ended. If I were you, I'd keep it alive and see if I could come as needed; in the worst case, you just ask for postponements or even abandone the application by not showing up -- after all, you have already paid for it. Withdrawal or abandonement will not have a negative effect when you later reapply.
Wahtever you do, do not call it "one year non-residence". This would be abandonement of your permanent resident status.
svasudev said:I mailed my N400 application to the VSC a week ago (first week Oct 05) and now my employer wants to know if I would be interested in a 1 year posting in India to setup a new division.
How will a one year non-residence affect my application ?
Thanks
Vasu
Vasu,
Until the time you are naturalized, you are still a permanent resident. As such, you are expected to maintain your permanent resident status during the N-400 application process i.e., no trips of longer than 6 months in duration etc. If you expect to be out of the country quite a bit, it would also be a good idea to demonstrate your permanent residence by keeping an apartment lease/bank accounts etc.
Also, keep in mind that you will need to be present in the country to fulfill FP/Interview requirements. As you know, timelines for these things vary wildly based on USCIS District Office.
Good luck!