Waiting for interview but need to leave the country for extended time.

[sj]

Hey gurus, hope one of you can help.

I filed my N-400 in August 31 and am still stuck in the much dreaded name check.

I have to leave the country for an indefinite period of time (being relocated for a great opportunity), and was wondering what I should do and is there any risk in my application once I do get an interview.

Specifically,

1. Should I apply for a REP? Does applying for one jeopardize my interview in anyway?
2. If i change my mailing address to a different state, does that cause my files to be moved as well?
3. Since the interview date is somewhat indefinite, what happens in case I have been away from the US for let' s say 12 months and still not gotten an interview?
4. Anything else you guys can think of that I should consider?


Thanks a ton for your help.

 

[Bobsmyth]

1. Should I apply for a REP? Does applying for one jeopardize my interview in anyway?

If you expect to be out of the country for more than 1 year, you would want to apply for REP. Just remember than you must be back before 2 years if your N400 application is still pending. Filing for REP alone will affect your pending application, unless you were eligible and filed N470.The continuous residency requirement remains in effect while your application is pending.

2. If i change my mailing address to a different state, does that cause my files to be moved as well?

Transfer of file to new DO commences after your change of address is processed. This most certainly will delay your application even further.

3. Since the interview date is somewhat indefinite, what happens in case I have been away from the US for let' s say 12 months and still not gotten an interview?

You'll want to inquire about your case periodically to make sure nothing was lost in mail. Just be prepared to travel back to US when you receive interview notice.

4. Anything else you guys can think of that I should consider?

You'll want to make sure to make arrangements to have someone check your mail while your gone. Also, make sure your GC stays current or that get your passport stamped that your application is pending if your GC is going to expire.

 

[boatbod]

I have to leave the country for an indefinite period of time (being relocated for a great opportunity), and was wondering what I should do and is there any risk in my application once I do get an interview.

No no no.... you are playing with fire if you go down that route.

When you eventually get your interview, the IO will ask why you appear to be living abroad and for how long you intend to be absent. Around the time he discovers you are employed overseas for an indefinite period, you will be given an N-652 with "a decision cannot be made..." and then you'll be denied.

The ONLY way you can be employed abroad and still remain eligible for natz, is if your employer is a US corporation who sends you on a fixed term assignment, and preferably covers your absence with an N-470.

Seek professional advice before inadvertently breaking your residency and risking your LPR status.

 

[sj]

Thanks guys. Now I am a bit nervous. Fortunately, I am being relocated to a subsidiary of a US Public company. I guess the best route would be to file a N-470 and then see if my interview comes shortly.

Thanks,
Sudeep

 

[boatbod]

Thanks guys. Now I am a bit nervous. Fortunately, I am being relocated to a subsidiary of a US Public company. I guess the best route would be to file a N-470 and then see if my interview comes shortly.

Thanks,
Sudeep

Then you need to file for a reentry permit and (most importantly) the N-470.

Hopefully you have at least 1yr uninterrupted presence after getting your LPR, as this is one of the strict eligibility criteria for the N-470.

 

[sj]

I was in the US for 386 days continuously after the day I entered and got my PR in November 2001 but then have travelled in and out often. Does that count?

 

[Bobsmyth]

I was in the US for 386 days continuously after the day I entered and got my PR in November 2001 but then have travelled in and out often. Does that count?

Do you have 1 year of uninterrupted travel after you obtained your GC?

 

[sj]

yes, immediately after I got my PR...so I guess I should be okay as long as I file a reentry permit and a N-470 and ensure that I have spent at least 50% of my time in the US before the interview and oath...

I guess
REP to preserve Permanent residency
N-470 to preserve naturalization
and 50% stay to preserve eligibility...

thanks a ton guys for your help.