Out of the country and citizenship issue

[marky]

Hi,

I was out of the country for about 13 months. In the middle of this period I got my green card approved. Came back to this country, got my passport stamped and got my plastic card. Been in the country ever since and have exceeded the 5 yrs continous stay requirement for citizenship.


I am about to file my n-400 application and the questions I have are:

1)
Can my case be seen as an intent to abandon my green card (i had to get out of the country due to 6 yr h1b cap and came back with a diff employer; also had my i-485 pending for 2yrs+ from my prv employer) and could result in denail of my citizenship application?

I think i have to list down the initial 13 months of absense in my citizenship application (since the n-400 documentation mentions the date in your green card/plastic card is the approval date) even though i was out of the country on the approval date mentioned in my green card. This too concerns me.

2)
Any other advise?

Thanks

 

[boatbod]

Sounds to me like you'll be ok, assuming you do the math correctly for the 5yr / 6mth residency thing. Basically if you didn't return to the US as soon as the green card was approved, you need to make sure you have minimum 4-1/2yrs from the date you reentered, otherwise you trigger the "absence longer than 6 month" rule.

Hope that make sense.
boatbod

 

[marky]

Yes. I have 5 yrs + of continous residence after I entered in the US.

Changing jobs and not continuing with the employer who filed GC can that be an issue for the approval OR the continous residence is primary/most important in the citizenship application?

 

[boatbod]

Changing jobs and not continuing with the employer who filed GC can that be an issue for the approval OR the continous residence is primary/most important in the citizenship application?

Residency and good moral character are the main factors. Changing employers and/or periods of unemployment do not appear to play a part in naturalization decision-making. Possible exception would be taking a job for a foreign employer outside of the US as it may be seen as intent to abandon residency.

 

[coolguy446]

Residency and good moral character are the main factors. Changing employers and/or periods of unemployment do not appear to play a part in naturalization decision-making. Possible exception would be taking a job for a foreign employer outside of the US as it may be seen as intent to abandon residency.

I am going on an overseas assignment for 10 months as a US employee (both myself and my spouse are GC holders). Since my spouse would be going along with me out of US, she was planning to take a job for a US based MNC working as a non-US (foreign) employee and then later quit the job after my assignment gets completed. Would those 10 months of foreign employment count against her US citizenship application and possibly cause her citizenship application to be denied?

Given my circumstances mentioned above, I don't understand as to how could a person taking a foreign job temporarily for 10 months show a person's intent to abandon residency since the only reason one is taking a foreign job is because one need to be close to his or her spouse (who has been sent on overseas assignment by the company).

Thanks

 

[boatbod]

I don't understand as to how could a person taking a foreign job temporarily for 10 months show a person's intent to abandon residency since the only reason one is taking a foreign job is because one need to be close to his or her spouse (who has been sent on overseas assignment by the company).

Maybe, maybe not. I think its more likely its your other actions viewed together with your employment situation that show the bigger picture. i.e. selling your house, packing up possessions and move them abroad with you is probably harder to explain than say putting stuff in local storage and renting out your house on a short term lease.

 

[coolguy446]

Maybe, maybe not. I think its more likely its your other actions viewed together with your employment situation that show the bigger picture. i.e. selling your house, packing up possessions and move them abroad with you is probably harder to explain than say putting stuff in local storage and renting out your house on a short term lease.

I agree. In my case, I am still planning to rent in US while I am abroad and keep my household stuff (furniture, cars etc.) in my rented apartment.

 

[query11.]

Hi,

I was out of the country for about 13 months. In the middle of this period I got my green card approved. Came back to this country, got my passport stamped and got my plastic card. Been in the country ever since and have exceeded the 5 yrs continous stay requirement for citizenship.


I am about to file my n-400 application and the questions I have are:

1)
Can my case be seen as an intent to abandon my green card (i had to get out of the country due to 6 yr h1b cap and came back with a diff employer; also had my i-485 pending for 2yrs+ from my prv employer) and could result in denail of my citizenship application?

I think i have to list down the initial 13 months of absense in my citizenship application (since the n-400 documentation mentions the date in your green card/plastic card is the approval date) even though i was out of the country on the approval date mentioned in my green card. This too concerns me.

2)
Any other advise?

Thanks

look around for dual Alien no's issue.