N-400. Should I still apply?
#1
Just Joined
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Joined: Sep 2016
Posts: 15
N-400. Should I still apply?
So its a very long story but I'm a permanent resident and had been since 2011. I had considered for a while to apply for citizenship but haven't yet. The problem I have is I came back to the UK (with my American wife) in June last year to deal with a family emergency and sure up the family business. At the time i was only supposed to be back for a few months but it is dragging out into 2018 so far with no end in sight although I do intend on moving back as soon as possible (hopefully within 6 months)
My question is should I apply for citizenship from the UK or have I left it too long?
When will I loose my residency? Presumably if I lose it and don't have citizenship I'll need to re-apply?
My question is should I apply for citizenship from the UK or have I left it too long?
When will I loose my residency? Presumably if I lose it and don't have citizenship I'll need to re-apply?
#2
Re: N-400. Should I still apply?
Abandonment of PR status is a case by case basis... there is no 1 size fits all. Do you still have ties to the USA? Home, property, etc? I don't suppose you have a job in the USA, since you've been gone 7 months?
I would return to the USA as soon as possible, even if it's a quick trip. Don't stay out over 1 year, especially if you want to file an N-400.
Details on qualifying for citizenship are at www.uscis.gov, Guide to Naturalization. Your length of continuous time outside the USA could affect your eligibility.
I suppose you could send the N-400 to the USA from the UK, but you'll have to be in the USA for your biometrics appointment.
Rene
I would return to the USA as soon as possible, even if it's a quick trip. Don't stay out over 1 year, especially if you want to file an N-400.
Details on qualifying for citizenship are at www.uscis.gov, Guide to Naturalization. Your length of continuous time outside the USA could affect your eligibility.
I suppose you could send the N-400 to the USA from the UK, but you'll have to be in the USA for your biometrics appointment.
Rene
Last edited by Noorah101; Jan 30th 2018 at 8:09 pm.
#3
Just Joined
Thread Starter
Joined: Sep 2016
Posts: 15
Re: N-400. Should I still apply?
No I had to give up my job when I came back. I also sold the home as I'm unlikely to be located in Florida when I return.🤔
I have bank accounts and pensions and obviously the in laws are my main connection.
I have bank accounts and pensions and obviously the in laws are my main connection.
#4
Re: N-400. Should I still apply?
I would return to the USA ASAP and try to just make short trips back to the UK to deal with the business. Maybe get a lawyer involved for that, if you have to.
Your continued status as US PR is not guaranteed.
In order to file an N-400, you have to have been resident at a US address for a certain amount of time in the district where you want to file (check that Guide I mentioned earlier).
The good news is that if you do end up staying in the UK and losing your PR status, you can apply for another immigrant visa in the future.
Rene
Last edited by Noorah101; Jan 30th 2018 at 10:31 pm.
#6
Re: N-400. Should I still apply?
Normally, I would tell people that they really didn't need a lawyer for natz. OP may be very well advised to hire one.
#7
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Joined: Aug 2013
Location: Athens GA
Posts: 2,134
Re: N-400. Should I still apply?
I agree with others. You are very close to having abandoned your PR status. For all practical purposes you have moved back to the UK. I would consult with a lawyer immediately.