Vince P

Need some advice on the following as I may have to make a big decision reference my current employment.

Applied N400 18 Dec 08. At that time had spent 429 days out of the US with work in the three years leading to application.

Attended N400 interview 21 Apr 09. Approved and by the time of interview I had spent 539 days out of US.

18 months allowed is 547 days.

I am supposed to leave the country this Thursday for another 60 days.

The M476 guide just says 18 months, it does not relate to from when.

Question is, by the time I get called for oath I would have been out of the US for more than 547 days. Is this going to be an issue?

Ian has stated that he believes it will be an issue. Just need some additional advice. To not go back overseaes on Thursday will mean quitting my job.

Thanks,

Vince

Noorah101

My layman's opinion is that it possibly could be, if you've stayed out longer than allowed.

Or, you could keep your job, go overseas, and then re-apply for US citizenship when you're fully qualified.

Rene

Vince P

Rene,
Thanks. I have to get citizenship as it affects my wife's work. I can not delay it further.
Vince

Vince P

I saw this in another post and thought number 4 was clear that the timeframe is to the date of application. Point number 6 implies that you can not leave the US between time of application and "time of admission to citizenship":

Here are the regualtions:
ACQUIRING AND REVOKING NATURALIZATION
The burden is always on the immigrant to prove compliance with the criteria for naturalization set by Congress.
1 The eight criteria necessary for any applicant are specified in 8 C.F.R. §316.2:
(1) Is at least 18 years of age;
(2) Has been lawfully admitted as a permanent resident of the United States;
(3) Has resided continuously within the United States, as defined under §316.5, for a period of at least five years after having been lawfully admitted for permanent residence;
(4) Has been physically present in the United States for at least 30 months of the five years preceding the date of filing the application;
(5) Immediately preceding the filing of an application, or immediately preceding the examination on the application if the application was filed early pursuant to section 334(a) of the Act and the three month period falls within the required period of residence under section 316(a) or 319(a) of the Act, has resided, as defined under §316.5, for at least three months in a State or Service district having jurisdiction over the applicant’s actual place of residence, and in which the alien seeks to file the application;
(6) Has resided continuously within the United States from the date of application for naturalization up to the time of admission to citizenship;(7) For all relevant time periods under this paragraph, has been and continues to be a person of good moral character, attached to the principles of the Constitution of the United States, and favorably disposed toward the good order and happiness of the United States; and
(8) Is not a person described in Section 314 of the Act relating to deserters of the United States Armed Forces or those persons who departed from the United States to evade military service in the United States Armed Forces.

jeffreyhy

VP,

Go to the source - find the appropriate section of the INA and read it.

Or, have a consultation with an immigration attorney. A decision on quitting your job or not is worth a couple of hundred dollars?

Regards, JEff

ian-mstm

This indicates eligibility to file... nothing more.


It may imply it, but it simply isn't true. Many people leave the US between the time they apply for naturalization and their oath ceremony with no problems whatsoever... but they're not walking a fine line!

Ian

jeffreyhy

VP,

Recognize that there is a difference between residing and being physically present.

Regards, JEff

Rete

On the day of the oath ceremony you will be asked point blank if you have traveled outside of the US between the time of the interview and the day of the ceremony. You will have to show your passport and you will have to tell them how long you were away. Does this mean that the time counts toward your time for continuous residency for eligibility, I would think it would. If not, then why would they ask and need proof of your days of travel.

#4 is ambiguous. First off you are not going by the 5 years count but by the 3 year count. So your time outside of the US is 18 months and not 30 months. It states the qualification needed to be eligible at the time of the interview. You were eligible at that time. Most people do not travel outside of the US for 1/2 or more of a year on business and thus, a short vacation or trip for business will not place them over the qualifying time limit.

Do what you have to do. Forget about your wife's work. Her career is not your responsibility although she is your spouse. Apparently having a spouse that is away 1/2 of year on business does not affect her or her career or lifestyle. I can't see what your citizenship would have to do with her career.

jeffreyhy

R,

Yes, I pointed out the travel question on the day of the oath ceremony yesterday.

There is still a difference between the continuous residence requirement and the physical presence requirement, VP seemed to be conflating them.

Regards, JEff

Vince P

Thanks to all.

For the record, some US citizens can not keep their job if they are married to a foreigner - mine is one of them, so it is important and it is my responsibility.

So a morning with INS and the lawyer has revealed the following:

INS stated that the period outside the US was to the time of application, not oath and as such I was fine. My lawyer asked for this in writing and they replied that it was all ok and not to worry.

DC Courts do oaths on the 2nd Tuesday of every month and they are backed up until July. The lovely staff at INS are working to get me in.

I will not be leaving the US until I have taken the oath - it is not worth it with my lawyer saying that it is risky and INS unwilling to give us anything in writing, so my employer can like it or lump it.

I would lose my job just to be done with INS - though the staff at Fairfax Va were very good to deal with - my best experience to date.

Vince

fatbrit

If your employer can't work with you on this, it's time to be finding a new one anyway.

Vince P

My employer is bankrupt (both financially and morally - just kidding!) - but we have been purchased by Deloitte so hopefully things will get better.

Noorah101

Just out of curiosity, how is she managing to keep the job now, with you here as a PR? Unless this is a new job she'll be starting and you need to be a USC before she can start....

Rene

Vince P

She got a one time waiver for a set period, which we have gone over. She has been allowed to stay on based that I had an application in and were happy when they saw the bit of paper clearing me on the interview. All will be well.

Noorah101

Thanks!