Submitting N400 out of country

S

shinings

New Member
Hello, I have a situation that I’m hoping to get some advice here.

I got my green card through employment in November 2011. I lived in California from 2007 through 2018 (well past 5 years after GC). Because of work, I moved to China in August 2018, but obtained REP before I left US. However I did not apply for N470.

Even though I have got the REP, I have been going back to the US every 6 months, with stays of a few weeks every time to make sure my time out of the country is no more than 6 months for continuous residence.

I’m planning to apply for naturalization soon. By reading this forum (thanks everyone to contribute to it), I understand I may be able to do the following:

1) I can apply for N400 while I’m in China next month (I was physically in the US for 30 months in the past 5 years, and continuous residence for 5 years)
2) I’m planning to fly to the US for biometrics
3) after that I may leave the country on my GC and wait for background check and interview while I’m in China but will need to come back to the US every 6 months to keep continuous residence (my current work doesn’t allow me to stay in the US for extended period of time)
4) come to the US for the interview and oath

My questions:

1) Is it true that I can apply for N400 from abroad? The 3-month requirement doesn’t have to be right before I apply?
2) I own a condo in the US, kept all of my bank accounts and filed tax return continuously over the years. I also work for a US firm abroad. Do those help the case for naturalization even though I live out of the US now and will do so during my naturalization process?
3) what else shall I be mindful of for my situation?

Thank you all so much for any advice. And if you have any attorneys you can recommend, please send a private message. Thanks!
 
Hmmm. Have you read the policy manual on naturalization requirements? Some things that stick out for me in light of what you have said:

https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3

An applicant must also establish that he or she has resided in the state or service district having jurisdiction over the application for three months prior to filing.

The concept of continuous residence involves the applicant maintaining a permanent dwelling place in the United States over the period of time required by the statute. The residence in question “is the same as that alien’s domicile, or principal actual dwelling place, without regard to the alien’s intent, and the duration of an alien’s residence in a particular location measured from the moment the alien first establishes residence in that location.” Accordingly, the applicant’s residence is generally the applicant’s actual physical location regardless of his or her intentions to claim it as his or her residence.

An officer may also review whether an applicant with multiple absences of less than 6 months will be able to satisfy the continuous residence and physical presence requirements. In some cases, an applicant may not be able to establish that his or her principal actual dwelling place is in the United States or establish residence within the United States for the statutorily required period of time.
——

I’m not an expert on n470 but even if your employer qualifies I’m not sure that you can file it retroactively. it would definitely have been the safest bet for you in light of the above.
 
Susie thanks for your reply.

The reason I moved in 2018 is primarily for my sick father who has Parkinson’s disease that I would like to be with in his last years, so I asked to be relocated to China within my company which happen to have business in the region. To me this is a temporary move for that exact reason. However I don’t know when I’ll end this temporary journey and move back to the US. It all depends on my father’s health situation.
 
From the information I got on this forum, some people said the 3-month period does not have to be right prior to the filing of N400. I’m not sure if that’s true. I was hoping somebody with first hand experience could chime in.

At this point I’m looking for my best course of action, and would like to get some assistance from here including professional consultation from an attorney. First hand experience would be great too!
 
shinings said:
From the information I got on this forum, some people said the 3-month period does not have to be right prior to the filing of N400. I’m not sure if that’s true. I was hoping somebody with first hand experience could chime in.

At this point I’m looking for my best course of action, and would like to get some assistance from here including professional consultation from an attorney. First hand experience would be great too!
Click to expand...

It seems clear to me from the quote above from the manual that it should be right before, I’m not sure how else to interpret it - they surely do not mean the “prior” as being “any time at all in the past” .... and again, re the “temporary”, the continuous residence requirement as quoted above clearly talks about actual residence rather than intent. The temporary may work for re-entry permit/preservation of LPR status, but the naturalization requirements are different. Anyway yes if you have different interpretation to the wording in the manual maybe better for you to get an attorney’s interpretation.

(Btw, on some of your other statements, I’m assuming your condo is not being rented out/used by others while you are in China if you are trying to claim that as a tie to prove “actual” continuous residence. You are bound by law to file US tax returns as a green card holder so that is just meeting the minimum, it is not a proof of residence or any extra “support”.)
 
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