Travel to India before/after N400 application

I

islander79

Registered Users (C)
I am eligible to apply for my citizenship in August of 2006. I need to travel to India for a month. If I travel in the month of June/July, does it pose a problem with the "residence in an area for atleast 3 months prior" criterion.

Alternatively, If I decide to apply for my N400 In August '06 and then travel abroad for a month, will there be any issues.

Appreciate any thoughts on this matter.

Thanks
 
travel to india for short period

I applied my N400 on Sept 14th 2005. (after 4 years 9 months of my GC). But i travelled to india on business trip for 3 months from June 16th to Sept 7th 2005. This did not pose any issue for me. I have finished my interview yesterday and this wasn't an issue.
 
Thanks, So I guess it would be safe to assume that travelling on a personal trip for a month before the 4 year 9 month deadline would also be a non-issue. So how exactly do they determine the "last 3 month residency in a particular state".
 
islander79 said:
Thanks, So I guess it would be safe to assume that travelling on a personal trip for a month before the 4 year 9 month deadline would also be a non-issue. So how exactly do they determine the "last 3 month residency in a particular state".
Click to expand...
Taking temporary trips out of US is not considered changing residence. Your residence still remains in the US though you went on a trip abroad. Therefore it doesn't interfere with the residency rule.
 
islander79 said:
Thanks, So I guess it would be safe to assume that travelling on a personal trip for a month before the 4 year 9 month deadline would also be a non-issue. So how exactly do they determine the "last 3 month residency in a particular state".
Click to expand...

The residency requirement is for the Jurisdiction of a District Office and not for a state.

If you have been living in the jurisdiction for long time and going to be out on a temporary trip for a month just before submitting N-400, is not an issue. But if you are moving to a new jurisdiction and have not yet established a residency and you want to be out most of the time just before applying, then you may have to be careful.
 
Check out:

http://www.uscis.gov/lpBin/lpext.dl...?f=templates&fn=document-frame.htm#slb-act316

One of the citizenship condition is "..(2) has resided continuously within the United States from the date of the application up to the time of admission to citizenship"

So does it mean I can not travel after I apply for citizenship until I get the approval?

I am scheduled to travel outside US for 3 weeks right after I apply for the citizenship but not sure if I can do that. Any suggestions???
 
barterback said:
Check out:

http://www.uscis.gov/lpBin/lpext.dl...?f=templates&fn=document-frame.htm#slb-act316

One of the citizenship condition is "..(2) has resided continuously within the United States from the date of the application up to the time of admission to citizenship"

So does it mean I can not travel after I apply for citizenship until I get the approval?

I am scheduled to travel outside US for 3 weeks right after I apply for the citizenship but not sure if I can do that. Any suggestions???
Click to expand...

Travel is not a problem - the requirement you noted is simply a restatement of "continuous residence" (the 6 month thing).
 
boatbod said:
Travel is not a problem - the requirement you noted is simply a restatement of "continuous residence" (the 6 month thing).
Click to expand...

Thanks for your reply, but I do not think it is as obvious. Here is the excerpt from INA Act 316, read the condition (1) and condition (2):

"(a) No person, except as otherwise provided in this title, shall be naturalized, unless such applicant, (1) immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least five years and during the five years immediately preceding the date of filing his application has been physically present therein for periods totaling at least half of that time, and who has resided within the State or within the district of the Service in the United States in which the applicant filed the application for at least three months, (2) has resided continuously within the United States from the date of the application up to the time of admission to citizenship"

Link for INA Act 316: http://www.uscis.gov/lpBin/lpext.dl...?f=templates&fn=document-frame.htm#slb-act316

What I understand, condition (1) means you should be "maintaining" your "continous residence" for at least 3 months before in the same district where you submit your N-400 application.

But condition (2) is where I have question. INA Act 316 says one should be "residing within United States" between applying and getting approval.

Does that mean I should be maintaining my "primary residence" somewhere within US, but am free to travel abroad?

- OR -

Does it mean I can not even leave the country between applying and getting approval???

Thanks to all of you for your insightful posts. Any help is appreciated.
 
barterback said:
Thanks for your reply, but I do not think it is as obvious. Here is the excerpt from INA Act 316, read the condition (1) and condition (2):

"(a) No person, except as otherwise provided in this title, shall be naturalized, unless such applicant, (1) immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least five years and during the five years immediately preceding the date of filing his application has been physically present therein for periods totaling at least half of that time, and who has resided within the State or within the district of the Service in the United States in which the applicant filed the application for at least three months, (2) has resided continuously within the United States from the date of the application up to the time of admission to citizenship"

Link for INA Act 316: http://www.uscis.gov/lpBin/lpext.dl...?f=templates&fn=document-frame.htm#slb-act316

What I understand, condition (1) means you should be "maintaining" your "continous residence" for at least 3 months before in the same district where you submit your N-400 application.

But condition (2) is where I have question. INA Act 316 says one should be "residing within United States" between applying and getting approval.

Does that mean I should be maintaining my "primary residence" somewhere within US, but am free to travel abroad?

- OR -

Does it mean I can not even leave the country between applying and getting approval???

Thanks to all of you for your insightful posts. Any help is appreciated.
Click to expand...

Of course you can travel from the date you apply until you the day you are naturalized.

The key is that YOU DO NOT ABANDON YOUR RESIDENCE meaning that you do not give any doubt to the IO that you have actually moved and gone to live somewhere else (i.e different country).

In essence, think about the 6 months (average) timeline for the naturalization process as part of the 5 year requirement. In other words, if you are very close to breaking physical presence (i.e. been almost out 2.5 years in 5 year period) then its not a good idea to leave the country. However, in my case for example, I could 'technically' leave for the whole process and still be eligible (and come back for the necessary interview dates, oath, FP etc..) however YOU DO NOT WANT TO end your lease, you DO NOT WANT TO switch address to a different state and YOU DO NOT WANT TO give any doubt that you do not reside in the US - i.e. maintain ties to the country, keep paying taxes etc.

I have already taken two small trips outside of the country since I applied and I plan to have many more to come but that does not mean I will not stop paying my rent, paying my bills, close my bank accounts etc..these are all indications of an abandonedment of residence.

Bottom line: YOU SHOULD CONTINUE TO RESIDE PERMANENTLY IN THE US UNTIL YOU RECEIVE YOUR CITIZENSHIP and follow the same exact requirements throughout the process as well.

I hope this helps.

P.S: I am not a lawyer nor an immigration expert, this is my understanding of the law through my own interpretations as well as speaking to professional immigration lawyers whom I have discussed in detail this same exact issue.
 
barterback said:
Thanks for your reply, but I do not think it is as obvious.
Click to expand...

Seems like you are looking for problems that don't exist. Many people have travelled during the application process and not had any trouble.

To answer your question, the quoted INA paragraphs pertain to residency, and not physical presence. When you take a short trip, your residence does not change, and you are thus still liable for local, state and federal taxes etc, etc.
 
Thank you everyone and specially 'eo23' for taking time to reply. Now I agree with 'boatload' that the problem does not really exist and I can freely travel for short duration after applying for the citizenship.
 
You must log in or register to reply here.
Top