Questions on N-400 Application and Name Check

[seattlebear]

Hi all,

I heard that USCIS announced on Jan. 22nd that they will no longer expedite the name check processing based on legal complaints filed at federal courts. I checked USCIS website and could not find the announcement. Could anyone confirm if it's true?

The following are some of my questions regarding filing N-400:
1) Do I have to physically present in the US when filing N-400?
2) One of the eligibility requirements is that one can not spend more than 30 months outside the US in the past 5 years. Does this requirement also have to be held through the date of interview? For example, if I just meet this requirement on the date of filing the application, then go on an oversea trip (less than 6 months), and come back for interview, which could be 5 months later, and at that time I would have spent more than 30 months outside of US in the preceding 5 years. Would this be a problem?
3) Is it better to hire an attorney? Someone said it could have some advantages taking an attorney to the interview so that the IO would be less likely to ask some tough questions. Is this true?

Thanks a lot,

SeattleBear

 

[happigal]

If there was some sort of expedited name check process...I think everyone would do it. There is no such thing for N400 application.

You have to be present in the US when you filed N400.

You have to meet the continuous residence and physical residence at time of interview otherwise, they will most likely deny your application.

If you have something bad that happened that does not show good moral character, then I would say hire a lawyer as they can help you out. However, if your case is straight forward (ie. no DUI, no illegal doings, clean record etc), then I would say you don't need a lawyer.

 

[takadigi]

1) Do I have to physically present in the US when filing N-400?

Yes, definitely.

2) One of the eligibility requirements is that one can not spend more than 30 months outside the US in the past 5 years. Does this requirement also have to be held through the date of interview? For example, if I just meet this requirement on the date of filing the application, then go on an oversea trip (less than 6 months), and come back for interview, which could be 5 months later, and at that time I would have spent more than 30 months outside of US in the preceding 5 years. Would this be a problem?

The 30 month rule is for the 5 year eligibility period. However, even if you go abroad after completing the eligibility criteria, you will have to meet the 6 months rule which requires you to not be out of US continuously for more than 6 months.

3) Is it better to hire an attorney? Someone said it could have some advantages taking an attorney to the interview so that the IO would be less likely to ask some tough questions. Is this true?

Not necessarily. Not unless you have a complicated case wherein you have either broken a rule, etc.

 

[boatbod]

Actually I do believe you'll find the "eligibility period" extends right up until the day you take the oath. Thats why you will be asked both at interview and oath whether you have been out of the US since filing the application and being interviewed.

Your best plan of action is NOT to take a long absence abroad between FP and interview, because doing this in conjunction with previous long absences makes many IOs disinclined to grant you citizenship on the grounds that you are not really resident in the US. Search some of the recent posts covering "Continuous Residence" for reports of actual interview experience and reasons why its not a good idea.