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

[WBH]

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

Not sure how it works. But It seems something about thsi happens before. But if FP is wavered, at least application fee
should be adjusted. The fee has two portion. One ($75) is for FP and the other is for citizenship processing.

 

[Jackolantern]

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?

Yes, if applying with the 3-year marriage rule, the waiting period is 2 years and 1 day after the end of the last long trip.

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.

With the time crunch due to the upcoming assignment abroad, why not apply as soon as tomorrow? She's already applied once in the recent past, so there shouldn't be any more research or document gathering that will necessitate more time.

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.

It is necessary to be in the US when filing the application (including when USCIS receives it), but after that it's OK to leave the US and return for biometrics.

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?

Yes, applying in May would make the reentry permit likely to be approved in July or later.

 

[mape]

Thanks for the replies.

Question: given that the permit date is somewhat beyond my control, what if the permit expires in, say, JUly 1 2015 but we come back July 31 2015? Is that a problem? Does she have to come back before July 1 using the REP for the last time and then leave and then we come back on July 31, and she uses just her GC?

And, what is a returning resident visa? I guess it's not applicable here, unless we stay ___ days/months after REP expires?

And more generally, let's do a completely hypothetical example. Let's say that we go abroad and we decide to stay for, say, 5 years. She would lose her GC, I pressume. However, does the fact that she is a former GC holder allow her to use the "returning resident visa" and have an easier time coming back to the US?

 

[Jackolantern]

Question: given that the permit date is somewhat beyond my control, what if the permit expires in, say, JUly 1 2015 but we come back July 31 2015? Is that a problem?

It's a major problem if her arrival in the US after the expiration date of the permit is a year or more after her last exit from the US. Either they'll refuse entry or order her to see an immigration judge.

And, what is a returning resident visa? I guess it's not applicable here, unless we stay ___ days/months after REP expires?

For a reentry permit holder, it's applicable only after the reentry permit has expired (even if it's expired just 1 day) and it's been at least a year since the last departure from the US. If she applies for the visa before that, they'll tell her to simply get on a flight and return to the US, because the returning resident visa is not required if the permit is still valid, or if it's been less than a year since she last left the US.

And more generally, let's do a completely hypothetical example. Let's say that we go abroad and we decide to stay for, say, 5 years. She would lose her GC, I pressume. However, does the fact that she is a former GC holder allow her to use the "returning resident visa" and have an easier time coming back to the US?

The returning resident visa is a last resort, only granted if the applicant can satisfy the consulate that staying outside the US too long was due to circumstances beyond one's control. To be granted one after 5 years outside the US would require some really extreme circumstances.

 

[mape]

It's a major problem if her arrival in the US after the expiration date of the permit is a year or more after her last exit from the US. Either they'll refuse entry or order her to see an immigration judge.

.

Thanks for the reply. Just to make sure I understand: let's say that she comes back, say, on April 1 2015, for a quick5-day visit to the US. Then she comes back abroad on April 5 2015. Then reentry permit expires july 1 2015.Then we come back for good july 31 2015 (well less than a year after last presence in the US) and she doesn't use the expired reentry permit but instead she enters simply with the green card. That wouldn't be a problem, would it?

 

[mape]

Incidentally, a quick question about reapplying shortly after a withdrawal. In mid January my wife sent a withdrawal letter to the Texas facility (where application was originally filed) with cc to the washington dc regional office (where she was supposed to do the interview in early february). She got an acknowledgement letter for the field office, but nothing from the texas facility (not even the usps return receipt). The letter from the field office said the application had been withdrawn. However, the online status still doesn't say that the application has been withdrawn. Can that be a problem is we reapply for a n-400?

Given the potentially tight deadline if we do the n-400, would filing thru a lawyer be recommended? Can a well known / well connected lawyer help expedite things?

 

[Jackolantern]

Thanks for the reply. Just to make sure I understand: let's say that she comes back, say, on April 1 2015, for a quick5-day visit to the US. Then she comes back abroad on April 5 2015. Then reentry permit expires july 1 2015.Then we come back for good july 31 2015 (well less than a year after last presence in the US) and she doesn't use the expired reentry permit but instead she enters simply with the green card. That wouldn't be a problem, would it?

That shouldn't be a problem, other than the usual potential hassle that may occur after a long trip or long series of trips outside the US. If hassled she should show the recently expired permit, among other evidence.

However, the online status still doesn't say that the application has been withdrawn. Can that be a problem is we reapply for a n-400?

The online status isn't reliably updated. You got acknowledgment of the withdrawal in writing, so you can be sure that it happened.

Given the potentially tight deadline if we do the n-400, would filing thru a lawyer be recommended? Can a well known / well connected lawyer help expedite things?

A lawyer can help you to avoid mistakes that would delay your case, and can help to get things moving with a delayed case, but they can't make it go any faster than normal.