naturalization question

[zerolife]

My situation is that I would have been a "permanent resident" / greencard holder for 5 years by October. However, I'm planning to leave in August for grad school abroad. It's a three years program but I would come back twice a year for the break. Would that kill my chance to get naturalized? If not, is it possible to naturalize while I'm abroad, provided I will fly back for the interview and oath taking?

I hate to decide between getting naturalized or taking a great opportunity to study abroad.

I am planning to come back to the US after the study and I will continue to file US tax return. Also, my parents are in the US if that counts.

 

[Bobsmyth]

Is this with a US university abroad?

 

[zerolife]

no, it's an university in UK

 

[luckymb]

Why not apply for it before you go based on 5 year - 90 days rule? Would you be able to come for Finger printing and interview?

 

[vdostoi1]

no, it's an university in UK

Will your primary residence remain in the US or will you be moving to the UK? If your primary residence will remain in the US, I think you have a shot if you apply as soon as you are eligible. Did you also apply to US schools for similar programs? That might be a compelling enough reason to demonstrate that you had intentions to remain in the US but received the best offer from a UK-based university...

 

[zerolife]

thanks guys for the response

Will your primary residence remain in the US or will you be moving to the UK? If your primary residence will remain in the US, I think you have a shot if you apply as soon as you are eligible. Did you also apply to US schools for similar programs? That might be a compelling enough reason to demonstrate that you had intentions to remain in the US but received the best offer from a UK-based university...

Yes, my primary residence will be in the US (my parent's place).
No, I have not applied for US schools. The primary reason I decided on UK is due to much lower tuition... and free living (due to family circumstances). I know I won't be eligible for financial aid and while I did get academic scholarships for undergrad, I kindda slacked off junior and senior year. I highly doubt any of my choice schools in the US will give me anything this time.

Why not apply for it before you go based on 5 year - 90 days rule? Would you be able to come for Finger printing and interview?

yep this is something I'm considering. I know finger print is about a month from application received so I have to somehow figure out a plan to squeeze it in before I leave and then fly back for the interview.

However, would I still meet the five year rule since the last three months of my five years will be out of the country?

 

[Jackolantern]

Can't you postpone your study for 6-12 months? After accepting you, many universities will allow you to delay when you start studying; all you have to do is ask.

You will be jeopardizing your naturalization by going on this program before completing naturalization. Determinations of continuous residence are subjective, and nobody here can tell you for sure what the IO will decide when they see the amount of time you've spent outside the US. It doesn't help that you didn't attempt to get into a US school; it makes it look like you really wanted to leave the US.

You are underestimating the financial assistance that is available at grad schools. For grad school in the US, many people get assistanceships where they teach low-level undergrad classes part time and/or do research in exchange for free tuition plus a stipend. Student loans are also available. And depending on your state, there may be state schools that are not terribly expensive.

Why is this a 3-year program and not 2 years? Is it for a PhD? If so, you should anticipate it stretching to 4 or 5 years because of the dissertation, and you can't count on getting reentry permits for that long. Ask people who have done a PhD; there is so much unexpected stuff and delays that make it take longer to complete.

 

[thankful]

Can't you postpone your study for 6-12 months? After accepting you, many universities will allow you to delay when you start studying; all you have to do is ask.

You will be jeopardizing your naturalization by going on this program before completing naturalization. Determinations of continuous residence are subjective, and nobody here can tell you for sure what the IO will decide when they see the amount of time you've spent outside the US.

I think this is an excellent suggestion.

 

[zerolife]

thanks everyone for your reply.

I am planning to defer for a year just to be on the safe side.

However I just realized there is another issue. I have been out of the country for approx. 7 months on a US university run study abroad program. My major undergrad major was International Relations so obviously, study abroad was an important component of the program (not required but you would be in a huge disadvantage if you don't). Would that cause a problem for naturalization? I know I would need to explain why I was out for more than 6 months but the fact that I went on my university sponsored study abroad program and was still enrolled for the time period is a pretty good explaination right?

 

[vdostoi1]

thanks everyone for your reply.

I am planning to defer for a year just to be on the safe side.

However I just realized there is another issue. I have been out of the country for approx. 7 months on a US university run study abroad program. My major undergrad major was International Relations so obviously, study abroad was an important component of the program (not required but you would be in a huge disadvantage if you don't). Would that cause a problem for naturalization? I know I would need to explain why I was out for more than 6 months but the fact that I went on my university sponsored study abroad program and was still enrolled for the time period is a pretty good explaination right?

If you can prove that you did not intend to sever your ties with the US, you should be fine.

 

[WhichWay2Go]

I know I would need to explain why I was out for more than 6 months but the fact that I went on my university sponsored study abroad program and was still enrolled for the time period is a pretty good explaination right?

I doubt an "explanation" will cut it. This is not like a note from your Mom to get you out of PE.

BUT, if you had a letter from the sponsoring University that you were on an organized Sabatical arranged by them, and for that 7 month duration, I would think that should suffice.

BUT I am not sure how much flexibility an IO has in interpreting the stays out of the country. Six months may mean six months regardless of reasons.

Lotta BUTs there.

 

[zerolife]

@WhichWay2Go

Here is what I can provide:
1) original copy of transcript from the US university I went on study abroad with (showing the out of country center I went to)
2) a letter or transcript from my home university showing that I was enrolled as a full time student during that period and that I went on a partnered study abroad program

I assume that will be sufficient? Not to mention that my parent is in the US. To me, that would be clear cut evidences that my leave was only temporary and I still have ties to the US. Do you guys agree?

 

[thankful]

@WhichWay2Go

Here is what I can provide:
1) original copy of transcript from the US university I went on study abroad with (showing the out of country center I went to)
2) a letter or transcript from my home university showing that I was enrolled as a full time student during that period and that I went on a partnered study abroad program

I assume that will be sufficient? Not to mention that my parent is in the US. To me, that would be clear cut evidences that my leave was only temporary and I still have ties to the US. Do you guys agree?

You stayed away for seven months in a row without coming back? Most study abroad students I know come back for vacation pretty often.

 

[thankful]

@WhichWay2Go

Here is what I can provide:
1) original copy of transcript from the US university I went on study abroad with (showing the out of country center I went to)
2) a letter or transcript from my home university showing that I was enrolled as a full time student during that period and that I went on a partnered study abroad program

I assume that will be sufficient? Not to mention that my parent is in the US. To me, that would be clear cut evidences that my leave was only temporary and I still have ties to the US. Do you guys agree?

Also if the program was a required part of your degree, bring documentation to that effect.

 

[formerf1]

thanks guys for the response

I know I won't be eligible for financial aid

If you don't mind sharing, what school is it? You might be able to receive financial aid as some European schools do participate in the Dept. of education's financial aid program. If you're leaving on a temporary basis, I doubt that will harm your chances for naturalization.

 

[formerf1]

@WhichWay2Go

Here is what I can provide:
1) original copy of transcript from the US university I went on study abroad with (showing the out of country center I went to)
2) a letter or transcript from my home university showing that I was enrolled as a full time student during that period and that I went on a partnered study abroad program

I assume that will be sufficient? Not to mention that my parent is in the US. To me, that would be clear cut evidences that my leave was only temporary and I still have ties to the US. Do you guys agree?

I suggest immigration lawyer + Infopass :

 

[WhichWay2Go]

ZL,

It is not what you or anyone here thinks is a good enough explanation. It is what the IO will use to decide if you have exceeded the limits. You seem to be failing to understand that fact.

I could say, "yup, great that will do it," to your latest offerings but it is up to the IO's interpretation of the continuous residence Law and what is an acceptable exception to them.

Follow FF1's advice and get an immigration Lawyer.

 

[zerolife]

You stayed away for seven months in a row without coming back? Most study abroad students I know come back for vacation pretty often.

my school is on the quarter system so I went for both the winter and spring quarter.

@formerf1
I'm not sure which study abroad you are referring to but yes, I did get financial aid / scholarship on both. For the studyabroad during my undergrad, yes I received FAFSA financial aid, university scholarship, and another university grant for study abroad.

I've tried Infopass before on my previous question and it doesn't seem like those guys are very knowledgable. The lady I talked to, after discussing with her supervisor, told me there wouldn't be any problems leaving the country after filing N400 and advised me on what to do. But I know she got something else wrong ... the difference between physical residence and continuous residence so that's why I decided to wait. Anyway I don't want to go into the detail as she might be reading this thread too lol.

So I assume what you guys are saying is that there aren't any guidelines for what can be considered a valid reason for leaving the country for between six months and one year?

 

[Bobsmyth]

So I assume what you guys are saying is that there aren't any guidelines for what can be considered a valid reason for leaving the country for between six months and one year?

Any reason is valid as long as you can satisfactorily prove sufficient US residency ties.