Presence in US when applying N-400

K

kumar2009

Registered Users (C)
I am planning to apply n-400 around mid-July. Do I have to be present in the U.S when I send in my application? I can sign all the forms and have someone mail it for me.

If I should be in the US when applying then after how many days can I travel- I mean do I need to wait till the check is encashed etc.

Any suggestions would be appreciated.
 
You'll need at least 3 months of residency in the district area under which you are applying. If you have the 3 months of residency, then predating the application and having someone else send it in for you while you are away on a short trip is not an issue.
 
Bobsmyth said:
You'll need at least 3 months of residency in the district area under which you are applying. If you have the 3 months of residency, then predating the application and having someone else send it in for you while you are away on a short trip is not an issue.
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If the OP predates the N400 and leaves the country, he may not have included the trip that he is about to go. So he will have to have an updated N400 or inform the IO during the interview about the trip.
 
Originally Posted by Bobsmyth
You'll need at least 3 months of residency in the district area under which you are applying. If you have the 3 months of residency, then predating the application and having someone else send it in for you while you are away on a short trip is not an issue.
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Quote Milk:
If the OP predates the N400 and leaves the country, he may not have included the trip that he is about to go. So he will have to have an updated N400 or inform the IO during the interview about the trip.
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Question, just to clarify:

This is the law:

See Also INA 316

Residence and Physical Presence

An applicant is eligible to file if, immediately preceding the filing of the application, he or she:

*
has been lawfully admitted for permanent residence (see preceding section);
*
has resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing with no single absence from the United States of more than one year;
*
has been physically present in the United States for at least 30 months out of the previous five years (absences of more than six months but less than one year shall disrupt the applicant's continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period)
has resided within a state or district for at least three months
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http://www.uscis.gov/portal/site/us...toid=12e596981298d010VgnVCM10000048f3d6a1RCRD

It doesn't say anywhere one has to be physically present for all of the last three months prior to applying for N-400, right? Just keep a home, pay utility bills, maintain bank accounts etc. etc.

Say you're not on the edge already (i.e. say you have previously taken only medium to short trips outside the US totaling little time) but you have to be absent from the US for 2 and a half of those 3 months preceding filing for N-400 (while keeping a home in the US of course). Say you return for the final two weeks of those 3 months to your home residence, and file N-400 while physically present, and of course you'd have to list your latest trip on the form. Would that be cause for denial?
 
Elfy said:
Say you're not on the edge already (i.e. say you have previously taken only medium to short trips outside the US totaling little time) but you have to be absent from the US for 2 and a half of those 3 months preceding filing for N-400 (while keeping a home in the US of course). Say you return for the final two weeks of those 3 months to your home residence, and file N-400 while physically present, and of course you'd have to list your latest trip on the form. Would that be cause for denial?
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No, as long as you have established at least 3 months of residency in the district you are applying from before you leave on a trip it shouldn't be an issue.
 
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