Please help - working aboard after filing N-400 application

[alive10]

Hi,

I qualify per 3 year rule to apply for US Naturalization on 05/08/2010. I received an offer from a company to work in India which requires me to start work in July 2010. I am an Indian Citizen now and I have out of the US for 43 days in the last 5 years.

I expect to finish my FP and hopefully (but not likely) my Interview before mid July 2010. My wife and kids are already US Citizens and they will stay in US and I plan to come down when I get notice for my interview and oath dates. So, my family will maintain residence (we are renting), keep our Credit Cards, Banking accounts and pay utilities in US as we were doing earlier. We will all move back to India once I get my citizenship and set up our kids schools.

My question is there any risk to my US Citizenship if I start work during N-400 process. I don't want to impact my application because of this move. Can someone help in answering this question if I will get in trouble if I come back for the Interview and Oath processes? I don't think it will take more than 6 months to complete the entire N-400 process so I won't be out more than 3 months out of US at a time.

Thanks a lot for your help in advance.

 

[baikal3]

Hi,

I qualify per 3 year rule to apply for US Naturalization on 05/08/2010. I received an offer from a company to work in India which requires me to start work in July 2010. I am an Indian Citizen now and I have out of the US for 43 days in the last 5 years.

I expect to finish my FP and hopefully (but not likely) my Interview before mid July 2010. My wife and kids are already US Citizens and they will stay in US and I plan to come down when I get notice for my interview and oath dates. So, my family will maintain residence (we are renting), keep our Credit Cards, Banking accounts and pay utilities in US as we were doing earlier. We will all move back to India once I get my citizenship and set up our kids schools.

My question is there any risk to my US Citizenship if I start work during N-400 process. I don't want to impact my application because of this move. Can someone help in answering this question if I will get in trouble if I come back for the Interview and Oath processes? I don't think it will take more than 6 months to complete the entire N-400 process so I won't be out more than 3 months out of US at a time.

Thanks a lot for your help in advance.

Yes, this could be a problem. One of the requirements for naturalization is maintaining your permanent resident status. At the interview the IO will go over the N-400 form and will ask you to update current employment and foreign travel information. Taking a permanent job abroad is not really consistent with maintaining permanent resident status, regardless of how much/how little time you will have spent at that new job by he time of the interview. When this issue comes up during the interview, this may cause a problem both with your N-400 application and with the validity of your green card.
I'd suggest that you ask your new employer to delay the start of your job in India by a few months, and try to complete the naturalization process before that job starts.

 

[madh4]

I personally believe you will have no problem.Apply right now. You will get your FP before Jul/01. Your interview will be most probably in Aug and you would require another 4-5 weeks for expedite PP and OCI. When you apply under 3 year rule USCIS mainly examine on your marital status and details of you and spouse living together. With kid added advantage of proving marital accord. I personally feel there will no question about your employment in the interview. Common sense approach not based on any legal or professional expertise.

 

[Jackolantern]

Foreign employment is a big no-no, especially if it is not a short-term contract and it is occurring during your N-400 process. You're taking a big risk if you start this job before completing your oath.

 

[Jackolantern]

I personally feel there will no question about your employment in the interview.

Even if they don't ask about it, applicants are required to report changes to their current employment situation at the interview (other than minor changes like getting a raise or changing departments at the same employer location). And typically the IO will ask if you are still employed at the latest employer listed in the employment history.

 

[alive10]

Thanks Jackolantern, Madh, Jaikal.. Another question. Suppose I can convince my employer abroad to give me offer to work from US for the period of 3 months. In this case, my income will be based in local currency and not US but this will allow me to work out of US. Will I get in trouble with my employment in this case when I go for the interview.

 

[baikal3]

Thanks Jackolantern, Madh, Jaikal.. Another question. Suppose I can convince my employer abroad to give me offer to work from US for the period of 3 months. In this case, my income will be based in local currency and not US but this will allow me to work out of US. Will I get in trouble with my employment in this case when I go for the interview.

I would think that working from the U.S. would be OK in terms of maintaining your green card status, regardless of which currency you are paid in.

 

[Bobsmyth]

Thanks Jackolantern, Madh, Jaikal.. Another question. Suppose I can convince my employer abroad to give me offer to work from US for the period of 3 months. In this case, my income will be based in local currency and not US but this will allow me to work out of US. Will I get in trouble with my employment in this case when I go for the interview.

Have you asked your employer about the possibility of filing N-470 to preserve your continuous residency?