We recently withdrew N-400. If we want to re-do it, can new application be expedited?

[mape]

We recently withdrew my wife's N-400 application (for good, "pure" reasons, not for anything related to "bad moral character"). We sent a withdrawal letter and got a reply letter from USCIS acknowledging receipt. That was like six weeks ago.

Life throws surprises to you. It turns out that I have very recently (like, this week) found out that I might have a very interesting secondment abroad. It would be for two years. One possibility is for her to go with her green card and re-enter the US at least once a year (if anyone asks, we can produce our US-based work contracts and proof we intent to return.) Another possibility is for her to become a US citizen before we leave (which would be helpful in the (currently unlikely) event we stayed abroad for longer for whatever reason before returning). The problem is that we would need to leave in 4 months, and I understand a N-400 process takes 5-6 months.

Can the fact that she recently applied, and then withdrew, be used to expedite a new application? Biometrics were done in December. Withdrawal letter was sent in mid-January. Interview would have been three weeks ago.

I read somewhere something about this being possible, as long as less than X days/months had passed since discontinuing the application. Any advise would be appreciated.

 

[TheRealCanadian]

Life throws surprises to you. It turns out that I have very recently (like, this week) found out that I might have a very interesting secondment abroad. It would be for two years.

You could also get a re-entry permit. The only drawback is that it would break continuous residence for her, and she'd be able to naturalize 4y+1day after her return.

Why didn't she want to naturalize in the first place? It may help determine whether the REP works for her.

 

[mape]

Actually, if we live in the US, it's better that she not become USC (tax reasons -- she works in an international organization). She applied in the first place because there was an opportunity to go abroad last year that didn't materialize (hence the withdrawal). The only reason she would want to become a USC is in the event we go abroad indefinitely, so that it's easy to come back.

Now, the secondment is for a specific period of time (2 years) and I wouldn't be resigning my current job (neither would she). It makes sense for her to do the N-470 (and thus she doesn't commit to becoming USC given tax implications). Would N-470 take less than 4 months?

And, going back to original question, given that she did biometrics just less than three months ago and withdrew literally six weeks ago, would a new application be expedited (e.g. no need for biometrics again). I once read something referencing a "de novo" interview - is that applicable?

 

[mape]

(By the way, given the nature of her work, she has never been in the US for one year without any interruption -- i.e. she travels abroad twice a year or more. Does it mean N-470 is out?)

 

[WBH]

Actually, if we live in the US, it's better that she not become USC (tax reasons -- she works in an international organization

Are you sure she got it right? For tax purpose, there is no differenc ebetween POR and citizens. If a PR works
for an international organization liek world bank, he/she is considered self-employed but still need to report
income and pay taxes. Only those working on other nonimmigrant visa like diplomatic visas for these international
organizations earn their money tax free.

 

[mape]

Are you sure she got it right? For tax purpose, there is no differenc ebetween POR and citizens. If a PR works
for an international organization liek world bank, he/she is considered self-employed but still need to report
income and pay taxes. Only those working on other nonimmigrant visa like diplomatic visas for these international
organizations earn their money tax free.

I am 100% positive she got it right. It depends on the international organization.

 

[TheRealCanadian]

(By the way, given the nature of her work, she has never been in the US for one year without any interruption -- i.e. she travels abroad twice a year or more. Does it mean N-470 is out?)

Pretty much. If she's better off not becoming a USC, then the re-entry permit makes sense. File the I-131.

 

[mape]

Thanks RealCanadian. If I understand this correctly, the advantage of the N-470 is that it helps with one of the residency requirements, for which the I-131 doesn't help. Because she is better off not becoming a USC (and given that she's been out on trips in every single year), the N-470 doesn't help and thus she should do the I-131, right? According to the Dallas Facility time frame (we re in DC) it takes 3 months (good) and one can depart without having received it (just in case).

Now, we *are* planning to come to the US once a year -- i.e. it's not like she won't be in the US for two whole years. Does she need the i-131 anyway, or can she just enter the US with her green card (since it's less than a year) -- and if someone asks, she can always say "I live in the US and we are spending some time abroad because of a temporary assignment for my US citizen husband (being sent from the US government on secondment to an international organization); we have both jobs here in the US, from where we are on leave of absence, and I am happy to produce proof of those jobs and the temporary nature of our staying abroad". Wouldn't that be sufficient, and make the i-131 redundant?

 

[mape]

You could also get a re-entry permit. The only drawback is that it would break continuous residence for her, and she'd be able to naturalize 4y+1day after her return.

Why didn't she want to naturalize in the first place? It may help determine whether the REP works for her.

One more question, RealCanadian. When you used the term REP, I originally thought you were referring to N-470. Now I think you were referring to i-131 from the beginning. So using a i-131 implies having to wait 4y+1d before applying. I am assuming that refers to the 5-year rule. But if she were to apply under the 3-yr rule, does it mean that, after having filed a i-131 and upon our return, she could apply in 2 years plus 1 day? Can I extrapolate that from the 4y+1d?

 

[mape]

Thanks RealCanadian. If I understand this correctly, the advantage of the N-470 is that it helps with one of the residency requirements, for which the I-131 doesn't help. Because she is better off not becoming a USC (and given that she's been out on trips in every single year), the N-470 doesn't help and thus she should do the I-131, right? According to the Dallas Facility time frame (we re in DC) it takes 3 months (good) and one can depart without having received it (just in case).

Now, we *are* planning to come to the US once a year -- i.e. it's not like she won't be in the US for two whole years. Does she need the i-131 anyway, or can she just enter the US with her green card (since it's less than a year) -- and if someone asks, she can always say "I live in the US and we are spending some time abroad because of a temporary assignment for my US citizen husband (being sent from the US government on secondment to an international organization); we have both jobs here in the US, from where we are on leave of absence, and I am happy to produce proof of those jobs and the temporary nature of our staying abroad". Wouldn't that be sufficient, and make the i-131 redundant?

To be clear, I meant coming back every 5 months of so, using the GC. Wouldn't that be sufficient, particularly if we can explain the temporary nature of our stay abroad?

 

[WBH]

I am 100% positive she got it right. It depends on the international organization.

I am not 100% convinced. If your wife get assurance from this organization or even their lawyers, their answer may not
be right since it is not problem. If a PR can get tax-free money thsi way, I don't see how a citizen can not.

 

[Jackolantern]

Now, we *are* planning to come to the US once a year -- i.e. it's not like she won't be in the US for two whole years. Does she need the i-131 anyway, or can she just enter the US with her green card (since it's less than a year) -- and if someone asks, she can always say "I live in the US and we are spending some time abroad because of a temporary assignment for my US citizen husband (being sent from the US government on secondment to an international organization); we have both jobs here in the US, from where we are on leave of absence, and I am happy to produce proof of those jobs and the temporary nature of our staying abroad". Wouldn't that be sufficient, and make the i-131 redundant?

It might be sufficient, but she may end up having to prove her case in secondary inspection or immigration court. Better to have the reentry permit which will increase the chances of passing through the port of entry smoothly without the hassle of secondary inspection or being sent to court.

 

[mape]

I am not 100% convinced. If your wife get assurance from this organization or even their lawyers, their answer may not
be right since it is not problem. If a PR can get tax-free money thsi way, I don't see how a citizen can not.

I'm 1000% positive. A quick google search of the law, which clearly makes the distinction between USC and LPR, says: "If you work for an international organization in the United States and you are not a U.S. citizen (or you are a U.S. citizen but are also a citizen of the Philippines), your salary from that organization is exempt from U.S. tax." And "Green card holders and foreign citizens employed by a foreign government or international organization are not subject to self-employment taxes and may not voluntarily participate in the U.S. social security system." Of course, I have verified this from different sources, including in person, beyond a quick google search, as applicable to my wife's particular organization.

But that wasn't the point of this thread. Thank you in advance if you have suggestions for the other immigration-related questions I have posed here.

 

[WBH]

"If you work for an international organization in the United States and you are not a U.S. citizen (or you are a U.S. citizen but are also a citizen of the Philippines), your salary from that organization is exempt from U.S. tax."

Well, people often argue about benefits of dual citizenship, you inadvertently provided another one. People like The Real Candian, Triple Citizen can work for World Bank, WHO, UN, to get tax free money

 

[mape]

It might be sufficient, but she may end up having to prove her case in secondary inspection or immigration court. Better to have the reentry permit which will increase the chances of passing through the port of entry smoothly without the hassle of secondary inspection or being sent to court.

Good points, Jackolantern. As you migh have guess, we are a bit thorn. Becoming USC is not ideal if we live in the US, but it would be nice if we live abroad beyond 2 years and want to come back. As they say, life is a set of trade-offs.

In any event, do you think that having applied recently (and withdrawn) would expedite a new N-400 application. If we apply in mid-March, would be get it before July? I doubt it will be expedited, and I really doubt we can get it by July, but want to make sure.

If we do the i-131, when should be do it? As I say, this would be for a 2-year absence, from July 2013 to around July 2015. Does the i-131 allow us to determine the time the REP will be effective? For example, I would want to avoid a situation when I request it, say, tomorrow and get it in, say, May, and it is therefore valid only until May 2015, not July 2015. Or do they give you the choice to indicate the date it will start?

Thanks.

 

[mape]

Well, people often argue about benefits of dual citizenship, you inadvertently provided another one. People like The Real Candian, Triple Citizen can work for World Bank, WHO, UN, to get tax free money

Actually, it's less unfair than it seems. Before USCs get upset about the apparent injustice: USC employees do get a higher salary than non-USC employees so that they can pay US tax. On the other hand, USC employees have to pay FICA (and eventually will get a benefit out of it), while non-USC employees can't contribute to FICA. But the tax return logistics for USC employees are more difficult, and many of them end up using an accountant. In our particular case, after doing the math, we figured out it is better for my wife not to be USC -- but not by a lot, hence our dilemma.

By the way, dual citizenship doesn't suffice to get the (lower) salary tax free: as I am sure you know, if you are US/another, then for the US you are USC, and for the international organization you are also USC, and on the hook for taxes.

 

[Jackolantern]

In any event, do you think that having applied recently (and withdrawn) would expedite a new N-400 application. If we apply in mid-March, would be get it before July? I doubt it will be expedited, and I really doubt we can get it by July, but want to make sure.

The recent previous application won't expedite the new one in anyway. However, completing the naturalization process in 4 months or less is possible, with a little luck. I've seen cases on this forum processed end-to-end in slightly less than 3 months, although that is definitely not typical.

But if she's going to travel extensively during the naturalization process, that will invite delays for supervisor review.

If we do the i-131, when should be do it? As I say, this would be for a 2-year absence, from July 2013 to around July 2015. Does the i-131 allow us to determine the time the REP will be effective? For example, I would want to avoid a situation when I request it, say, tomorrow and get it in, say, May, and it is therefore valid only until May 2015, not July 2015. Or do they give you the choice to indicate the date it will start?

They decide the start date, which will be the day they approve it. Approval time is 2-6 months.

 

[WBH]

In theory, Fingerprinting process does not need to be repeated and you can use the result obtained in yoour last
application since it is vaslid for 18 months but in practice, since USCIS is bad at handling excpetion, any exception
from the norm is more likely to cause delay than expidite the process

 

[mape]

The recent previous application won't expedite the new one in anyway. However, completing the naturalization process in 4 months or less is possible, with a little luck. I've seen cases on this forum processed end-to-end in slightly less than 3 months, although that is definitely not typical.

But if she's going to travel extensively during the naturalization process, that will invite delays for supervisor review.



They decide the start date, which will be the day they approve it. Approval time is 2-6 months.

Regarding N-400 application: actually she will *not* be traveling at all until we leave in the summer for the secondment (if we decide to do the secondment). If, say, we put the application in 2 weeks, we'll stay put until it's time to go for 2 years. Also, DC seems to take 5 months.

Regarding start date for i-131. I understand that she would need to be in the US when filing, and shouldn't leave until biometrics are done. Assuming that biometrics are set, say, 6 weeks after filing, would it make sense to submit the application 9 weeks before our July 2013 departure asking for the i-131 to be sent to the US consulate in our post abroad, do the biometrics, and then leave? That would make the 2-yr period as close as possible to July 2015, no?

 

[mape]

In theory, Fingerprinting process does not need to be repeated and you can use the result obtained in yoour last
application since it is vaslid for 18 months but in practice, since USCIS is bad at handling excpetion, any exception
from the norm is more likely to cause delay than expidite the process

I wouldn't request that, but I guess that would be up to them, right?
Thanks.