Need advice from experts...out of country

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newuser70

Registered Users (C)
Friends,

I need your advice. I had become eligible for citizenship in May2008 (45 days out of US from May 2003 when I got my GC). I completed my FP in July 2008. Since Oct 28th I have been out of US in India for leave, work from office here and also for travel to UK once in that period for 7 days for work. After a long wait finally I got my interview date in May first week. I am currently still outside the US. I intend to go to US for interview and resume working from there after that.

So, my questions if one of the experts can help me:

1. What is the preparation I should do for the interview. What are the types of questions I should expect in interview.
2. Is there any restriction on the number of days outside US since my fingerprint was completed.
3. Any other relevant information. I have been reading through the forum to find relevant information. If any one has particular links they can send me please do. I will be very thankful.
Thank to all of you in advance.
 
I think your biggest issue is going to be that when you show up for your interview in early May, you may have broken the "continuous residence" requirement of 6 months if you left the US on Oct 28th and do not plan to return until after April 28th. You typically need to have filed for a Re-Entry Permit to preserve "continuous residence" if you plan to be outside the US for upto a year.

This requirement is shown in "A Guide to Naturalization" in the Eligibility for Naturalization table starting on Page 18, and is explained further on Pages 22 and 23.

http://www.uscis.gov/files/article/M-476.pdf

Hope this helps. You need to address this issue before you can worry about the interview itself.
 
Last edited by a moderator:
NewRunner said:
You typically need to have filed for a Re-Entry Permit to preserve "continuous residence" if you plan to be outside the US for upto a year.
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The reentry permit does not preserve continuous residence for naturalization. It only preserves the green card. To preserve continuous residence for trips over a year, the N-470 is needed.
 
JackoLantern is right. The six-month continuous presence is a "hard" requirement, but there are ways to show that you have maintained ties to the United States. The Guide provides the following in its Document Checklist at the end.

"If you have taken any trip outside the United States that lasted six months or more since becoming a Permanent Resident, send evidence that you (and your family) continued to live, work and/or keep ties to the United States, such as:

- An IRS tax return “transcript” or an IRS-certified tax return listing tax information for the last five years (or for the last three years if you are applying on the basis of marriage to a U.S. citizen).

- Rent or mortgage payments and pay stubs.

If you were outside the US because your employer sent you on a long-term assignment, you may be able to explain that to USCIS by providing evidence that you were continuously employed by the US employer and paid by the same with deposits made to your US bank account.
 
NewRunner said:
JackoLantern is right. The six-month continuous presence is a "hard" requirement, but there are ways to show that you have maintained ties to the United States. The Guide provides the following in its Document Checklist at the end.

"If you have taken any trip outside the United States that lasted six months or more since becoming a Permanent Resident, send evidence that you (and your family) continued to live, work and/or keep ties to the United States, such as:

- An IRS tax return “transcript” or an IRS-certified tax return listing tax information for the last five years (or for the last three years if you are applying on the basis of marriage to a U.S. citizen).

- Rent or mortgage payments and pay stubs.

If you were outside the US because your employer sent you on a long-term assignment, you may be able to explain that to USCIS by providing evidence that you were continuously employed by the US employer and paid by the same with deposits made to your US bank account.
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Many thanks. I will follow up on the advice. Since I have maintained residency from 2003 to 2008 for N400 so it is perhaps of help. My question was specific to the Interview. I have my tax transcripts etc. available for last five years. This year also I am filing my tax as usual. Any other helpful links is appreciated.
 
newuser70 said:
Friends,

I need your advice. I had become eligible for citizenship in May2008 (45 days out of US from May 2003 when I got my GC). I completed my FP in July 2008. Since Oct 28th I have been out of US in India for leave, work from office here and also for travel to UK once in that period for 7 days for work.
Click to expand...

So you have been continuously outside the US since October 2008 and will remain so until at least May 2009? Have you maintained a US residence during that time? Is your immediate family living with you in Inida? Do you continue to file US taxes as an LPR? Expect all these questions to come up at interview in order to determine your intent of maintaining US residency ties during entire process.
 
newuser70 said:
Many thanks. I will follow up on the advice. Since I have maintained residency from 2003 to 2008 for N400 so it is perhaps of help. My question was specific to the Interview. I have my tax transcripts etc. available for last five years. This year also I am filing my tax as usual. Any other helpful links is appreciated.
Click to expand...

The fact that you have been outside the US for an extended period, are working from an office in India and have even taken a business trip from there is, in my opinion, likely to be a problem. Ask yourself how you will convince the IO that you haven't abandoned your residency.
 
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