Travel while N-400 is pending

[bkd52]

I have recently done my FP, and need to travel to Canada for a few days in July. Is traveling out of the US ok while Interview or oath is pending?

3/10 RD
4/7 FP completed
ID ??
Oath ??

 

[NewRunner]

A short trip of a few days should be no problem for an LPR with a valid green card (I-551). There is an FAQ for LPRs at the following Customs and Border Protection link.

The issue you may run into is that with some of the DOs processing their backlogs quickly, you could be a US citizen by the time you leave in July. Then you have to worry about receiving a US passport in time because the Western Hemisphere Travel Initiative (WHTI) goes into effect on June 1. WHTI requires US citizens to carry specific proof of citizenship, including a US passport or passport card, when returning to the US from Canada, Mexico, Bermuda and the Caribbean Region. More about the WHTI here.

It would be ironic that you can leave for Canada easier as an LPR than as a US citizen because you may not get your US passport back in time for the trip. How ridiculous would that be?!

 

[bggirl]

Yes, it is ok travel while your application is pending, provided you have the required time inside the country (30 months in 5 years, or 18 in 3 depending on which category you fall under).

 

[Bobsmyth]

Yes, it is ok travel while your application is pending, provided you have the required time inside the country (30 months in 5 years, or 18 in 3 depending on which category you fall under).

You only need to meet the physical presence requirement up until the time you apply, whereas you must meet continuous residency up until oath. Traveling during naturalization process is permitted as long as it doesn't break the continuous residency requirement (it has no effect on physical presence as that requirement is only needed up until the time you apply.)

 

[bkd52]

You only need to meet the physical presence requirement up until the time you apply, whereas you must meet continuous residency up until oath. Traveling during naturalization process is permitted as long as it doesn't break the continuous residency requirement (it has no effect on physical presence as that requirement is only needed up until the time you apply.)

The stated requirement is : Continuous residency in the State or INS District where you are applying, for 3 months prior to filing the petition for naturalization.

What does the above mean? If I haven't ever left the US (and the state of TX) for more than 6 months at a time, I would automatically meet this continuous residency requirement above, right?


http://www.grasmick.com/citizen.htm#REQUIREMENTS

 

[Bobsmyth]

The stated requirement is : Continuous residency in the State or INS District where you are applying, for 3 months prior to filing the petition for naturalization.

What does the above mean? If I haven't ever left the US (and the state of TX) for more than 6 months at a time, I would automatically meet this continuous residency requirement above, right?


http://www.grasmick.com/citizen.htm#REQUIREMENTS

It means you must have been a resident for at least 3 months in the area serviced by your DO before applying.

This requirement is in addition to the 5 years of continuous residence and 30 months of physical presence when applying according to 5 year rule.

 

[bkd52]

Thanks guys. But wait a minute!

What about if my citizenship it approved while I am in Canada? On what basis do I return to the US?

 

[Bobsmyth]

Thanks guys. But wait a minute!

What about if my citizenship it approved while I am in Canada? On what basis do I return to the US?

Your application may get recommended for approval while you are in Canada, but you'll have the oath when you return to US on your GC and foreign passport as before.

 

[sam99]

Since you applied in March you should be OK and enjoy your trip as it takes atleast 5-6 months to get the IL and it depends upon where you live and their city processing times.

I am travelling abroad for a month in May and my city (Miami) takes around 1 year to process the application so I am least worried about my IL.

I have recently done my FP, and need to travel to Canada for a few days in July. Is traveling out of the US ok while Interview or oath is pending?

3/10 RD
4/7 FP completed
ID ??
Oath ??

 

[dms1]

... it takes atleast 5-6 months to get the IL ...

That's a dangerous assumption to make. My entire N-400 process took less than four months (17 weeks to be precise) from start to finish, and I'm far from alone in this. As you say, it depends very much on where you are, but it does appear that a number of DOs are moving particularly fast these days.

 

[sam99]

That's a dangerous assumption to make. My entire N-400 process took less than four months (17 weeks to be precise) from start to finish, and I'm far from alone in this. As you say, it depends very much on where you are, but it does appear that a number of DOs are moving particularly fast these days.

Assumption I made was based on the dates I see for most of them and there is 1-2 month gap b/w IL and ID. Yours is very rare case and I never seen case approving in 4 months. I wish that kind of processing in Miami

 

[bkd52]

That's a dangerous assumption to make. My entire N-400 process took less than four months (17 weeks to be precise) from start to finish, and I'm far from alone in this. As you say, it depends very much on where you are, but it does appear that a number of DOs are moving particularly fast these days.

DMS1 - Why is it "DANGEROUS"? Even if my N-400 is approved while I am abroad, I can still re-enter the US on my GC right? Maybe just pretend like I dont know its been approved at the airport? Or do they already know at the airport immigration?

 

[FriscoDude]

Assumption I made was based on the dates I see for most of them and there is 1-2 month gap b/w IL and ID. Yours is very rare case and I never seen case approving in 4 months. I wish that kind of processing in Miami

There has been cases where citizenship was granted within four months, believe me, probably not in Miami, or LA though.

 

[dms1]

DMS1 - Why is it "DANGEROUS"? Even if my N-400 is approved while I am abroad, I can still re-enter the US on my GC right? Maybe just pretend like I dont know its been approved at the airport? Or do they already know at the airport immigration?

"Dangerous" as in ill-founded. Your N-400 cannot be approved in your absence, as in citizenship granted, as you have to take the oath before you become a citizen.

A trip of a few days will be no problem at all. However, if you take a trip of several weeks, as "sam99" is planning, then there is a small risk that the interview letter will come as soon as you leave, with an interview date before you return. Missing the interview without re-scheduling would be a bad thing to do.

 

[futureusc]

I am planning on leaving for India once FP is done ,i have a friend check my mail and also my attorney will get a copy of all correspondence ,so he will inform me when needed.And i would fly in for interview and oath etc....


I would check case status online and when if anything goes beyond resonable time i can call them from India to make sure nothing missed out.

As long as we have finished the 5 year residency requirement it is fine to go out o fteh country but not for over 6 months at any time before oathas per my attorney.

also in my case ..i have a business in India that supports my US office hence i can prove the reason for my absence as work realted.

 

[bkd52]

Continuous residency in the State or INS District where you are applying, for 3 months prior to filing the petition for naturalization.

Does being out of the country for 5 months and then returning to immediately take the oath go against the above requirement for continuous residency in my District(Dallas)?