N400 questions

[veenaagarwal]

I wanted to get a considered opinion on my citizenship application. Let me share with you the details.

Over the past 5 years I have been out of america as per the schedule below (most recent first)

Date Left America Date Returned to America # of days out of America
12/15/2007 1/1/2008 # of days 17
12/10/2006 5/30/2007 # of days 171
11/29/2005 5/21/2006 # of days 173
6/29/2005 7/7/2005 # of days 8
1/23/2005 5/19/2005 # of days 116
7/11/2004 11/13/2004 # of days 125
Total 610

I have carefully met the residency requirments

the big questions I have are the following

1) Can I leave the country after my fingerprinting?
2) How long can I stay in overseas for?
3) I understand I cannot be in abroad for more than 6 months..so I am planning to be there for 4-5 months
4) When I return and during the interview I have heard they look at the residency requirment again. Is this true? What do they look for then?
5) Even if they check residency again I will be OK as I would not have been out of the country for more than 6 months + would have stayed here 30 months in the last five years
6) Lastly I have a medical situation .. getting treatment for a very serious blood cancer... can I request an expidited case?
7) What are the expectations for timelines for filing from NYC

Let me know your thoughts and thanks in advance for your help

 

[Bobsmyth]

I wanted to get a considered opinion on my citizenship application. Let me share with you the details.

Over the past 5 years I have been out of america as per the schedule below (most recent first)

Date Left America Date Returned to America # of days out of America
12/15/2007 1/1/2008 # of days 17
12/10/2006 5/30/2007 # of days 171
11/29/2005 5/21/2006 # of days 173
6/29/2005 7/7/2005 # of days 8
1/23/2005 5/19/2005 # of days 116
7/11/2004 11/13/2004 # of days 125
Total 610

I have carefully met the residency requirements

the big questions I have are the following

1) Can I leave the country after my fingerprinting?

It's not a question of if you can but rather if it will affect your continuous residency requirement. It depends on how long you intend to travel.

2) How long can I stay in overseas for?

During the process it's not recommended to travel for more than a few weeks.

3) I understand I cannot be in abroad for more than 6 months..so I am planning to be there for 4-5 months

The biggest misconception for applicants is to think they can travel under 6 months abroad with no problems. Since you already have a travel history of several large trip (two of which just under 6 months), it will raise the issue of intent and you'll be asked to provide proof of US residency ties for the entire statutory period.

4) When I return and during the interview I have heard they look at the residency requirment again. Is this true? What do they look for then?

You must meet continuous residency up until oath. Again, if they see a pattern of travel that involves several long trips abroad most likely will raise the issue of intent and you'll be asked to provide proof of US residency ties for the entire statutory period.

5) Even if they check residency again I will be OK as I would not have been out of the country for more than 6 months + would have stayed here 30 months in the last five years

Don't confuse continuous residency with 30 month physical presence requirement. You may have 30 months of physical presence, but your continuous residency is still a requirement up until oath date. Again, a pattern of several longs trips abroad will most likely bring up the question of intent and you might be asked to provide proof of US residential ties for the entire statutory period.

6) Lastly I have a medical situation .. getting treatment for a very serious blood cancer... can I request an expedited case?

You can request it, but there currently isn't a expedited processing path due to medical hardship for the N-400.

7) What are the expectations for timelines for filing from NYC

Anywhere from 5-8 months seems to be the norm these days.