Naturalization and living abroad

O

OskiWow

Registered Users (C)
Hi,

This question has probably been asked several times: I've had a green
card for 3.5 years and I should be eligible to apply for citizenship in
May, 2008. What happens if:

1 - I decide to go abroad for a year starting Jan 2008. I would be
studying abroad and I would make sure to return to the US at least once
every six months. Would I risk being perceived as having broken the 5
year continuous residence requirement? If they ask me and I say that I was
studying abroad, is this considered abandoning my residence?

2 - I decide to go abroad for a year and a half starting Sept. 2007. I
would again be returning every six months. What happens if I work and
study abroad? Would working abroad be considered abandoning my
residence? What if it's a US based company?

Thanks!
N
 
You are right, this question has been asked many times, so please search out some of those prior discussions. They really will be quite enlightening.

Potted summary:
- short return visits to the US to "maintain residency" don't reliably work.
- if you have close ties to US (i.e. immediate family stays behind), you may have a valid case to prove you didn't break residency. A re-entry permit will be required because it demonstrates your trip is temporary in nature.
- burden of proof rests with applicant (you!). Its not up to USCIS to prove you did break your residency even though you might have flown back regularly. Its up to you to prove it to them. Big difference...
 
FYI, I got my citizenship a week ago. I applied from abroad with an approved N-470. My interview and oath were on the same day at the San Francisco USCIS office. Mine was an administrative oath in front of a USCIS official in his office.

Bottom line:

1. If you have an approved N-470, and have accumulated the required physical residence, you CAN apply from abroad.
2. When applying, you can submit fingerprints on the FBI FD-258 cards and save a trip to the US for biometrics. I did not do this myself as I was not aware this was possible.
3. The 90-day residence requirement is NOT for the 90 days immediately preceding the filing of the N-400. Basically, you should have resided in that district for that period at SOME time in the past.
4. USCIS takes the view that an approved N-470 preserves BOTH continuous residence in general AND residence in the last district you lived in before leaving the US. What this simply means is that with an approved 470, USCIS will consider you to be residing in that last district for ALL the time you are abroad right up to the interview and oath.
 
ptking said:
FYI, I got my citizenship a week ago. I applied from abroad with an approved N-470. My interview and oath were on the same day at the San Francisco USCIS office. Mine was an administrative oath in front of a USCIS official in his office.

Bottom line:

1. If you have an approved N-470, and have accumulated the required physical residence, you CAN apply from abroad.
2. When applying, you can submit fingerprints on the FBI FD-258 cards and save a trip to the US for biometrics. I did not do this myself as I was not aware this was possible.
3. The 90-day residence requirement is NOT for the 90 days immediately preceding the filing of the N-400. Basically, you should have resided in that district for that period at SOME time in the past.
4. USCIS takes the view that an approved N-470 preserves BOTH continuous residence in general AND residence in the last district you lived in before leaving the US. What this simply means is that with an approved 470, USCIS will consider you to be residing in that last district for ALL the time you are abroad right up to the interview and oath.
Click to expand...

Hello PTKING!

Thank you so much for your post! I actually find your information extremely useful. Up to this point everything I read on the internet seemed to say that even with an N470 one should wait until being back in the U.S. to apply... I guess that's not true.

In my case I am doing a full-time internship with an American company abroad. I have not requested an N470 because I have never intended to be gone from the U.S. for more than 6 months... however the internship will last about a year or possibly even longer and I will be eligible to apply for citizenship (and NEED to get it as soon as possible) during my time abroad... I thought I would have to cut my internship short and deal with the professional consequences of that... but I guess I can actually apply for N470 and be sure to get my citizenship??

Can anyone else confirm this?

This would be great news! It means I wouldn't have to sacrifice my professional life for my American citizenship or vice-versa.
 
ptking said:
2. When applying, you can submit fingerprints on the FBI FD-258 cards and save a trip to the US for biometrics. I did not do this myself as I was not aware this was possible.
Click to expand...


Would anyone be able to advice how to get th fingerprints on FBI-258 cards? I'll be sending my N400 application from France and would like to send the fingerprints along with it if possible. The consulate website mentions they dont do fingerprinting so curious on how the process works and how can I get the cards?
 
Living Aboard Permanently for Work

This is my first day and first time on a forum. So thanks for the advice in advance.

My company in the US have sent me overseas since July 2010, at that time I have applied for the entry permit and it was valid until Nov 2012. My green card date stated, resident since 06/06/2008. I believed I cannot apply for citizenship until March 2013 correct?

The last time I was in the US from July 2012 and will be returning to the US for a week in July 2013.

So here are the questions:

1) Since I'm absent in the US for such a long time will my citizenship be approved if I apply in March 2013?
2) My re-entry permit has expired do I need to apply for a new one or should I apply for a returning resident visa?
3) Will I be denied to entry in July 2013 if I just go in with my current greencard (assuming my citizenship has not been approved at that time).
4) There is a gap between the expiring date of my re-entry permit and when I can apply for citizenship. Does it matter? What should I do to fix this gap?


As of now, the plan is I will work in Asia for long term, 10+ years. So please help advise what I should be doing so I don't loose my green card.

Thank you.
 
If you spent 12 months consecutively outside the US in the past 5 years, you are automatically disqualified* and will have to wait 4 years plus 1 day after the last long trip to rebuild your eligibility for citizenship. So if your plan is to return to the US in July 2013, that 4-year wait puts you at July 2017.

As of now, the plan is I will work in Asia for long term, 10+ years.
Click to expand...
You can't do that and keep your green card. Surrender your green card at a US consulate with form I-407 and apply for a tourist visa.

*unless you have an approved N-470 or another acceptable exception such as military service.
 
Hi ptking # 3,

Did you have to show the original N-470 during naturalization process?
Regards
Usadesi
 
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