zafar

Dear experts,

I am eligible to apply for the US Citizenship in April 2010 (through my wife). I got an excellent job offer for overseas and as a condition I have to be there by February 2010 (the latest)....would that affect my application for citizenship/eligibility to apply in April....I told my overseas employer that I have to come in April for that reason...in addition to other dates for interviews/fingerprints/etc...What do you guys think?

Thanks!

Noorah101

Yes, it will affect it. You need to be resident in the city or state where you will be applying for citizenship. Your time outside the USA might hinder your eligibility for citizenship. Even if you can file the N-400 from overseas, you will need to return to the USA for your biometrics appointment, then your interview, then your oath ceremony, and you'd need to get an expedited passport before leaving the USA again.

Rene

zafar

the potential employer has no problem with me going back for any immigration requirements...just a little more details - I have been with my wife for over 4 years (took our time to apply for the GC ) we have a baby together and been in teh US legally for over ten years...

zafar

any other opinions?

zafar

it is a long shot - but I will try to extend a little but would it be safe to file (and hence I met the requirement of being a resident at the time of the application) and then start working - and of course come here for the fingerprint/interview/oath?

ian-mstm

None of this matters. There is a physical presence requirement as well as a continuous residency requirement, and you must meet both of those in addition to being a PR for 3 years.

It's all in the Guide: http://www.uscis.gov/files/article/M-476.pdf.


If your time outside the US does not negatively impact you with respect to the above requirements, you should be fine. Once you take the Oath of Allegiance, you must use a US passport to enter the US.

Ian

zafar

since i became a PR, I only been out of the country twice, once for 12 days and another time for two weeks...

zafar

thank you Ian!

based on the link you provided, I belive I should be okay leaving the US right after applying in April because

1 - I will be a resident at the state for > 3 moths at the time of applying
2- been physically present in the US for more than 18 months (after becoming a PR)
3- the 3 years rule is okay because by the time I am eligible to apply I was never out of the US for more than 6 months (for each of the 3 years)
4- and of course I am still married to my wife

Am I missing anything else?

Thanks.

Noorah101

Don't forget, you must still meet all these qualifications by the time you go for your interview and at the time you take your oath.

Rene

Rete

Why not do yourself a big favor and pay out the consultation fee to a well versed immigration attorney who specializes in Naturalization. If you are in the NYC area, there are free services for just this available from the City of New York and from CUNY under the tuleage of Allan Wernick, Esq. immigration attorney. If you do a google search, you will find the 1-800 number to call and they entertain questions from all over the country, just not NYC.

BritishGuy36

Why mess about with all this stuff.

Just tell your UK employer that you won't be starting work there until you have your US passport in hand. If he really wants you to work there, he'll wait 3 months.

Noorah101

It's going to be longer than 3 months. He's not eligible to apply until April 2010, and it can take up to 6 months to become a USC. So if he wants to tell the employer he can't start work until he's a USC, he's looking at starting about October 2010.

Rene

dreamercon

If this is a US company offering you a job overseas, you may have additional options by using an N-470.

zafar

Dreamercon - actually it is a US firm.

quick update - the potential employer (after a tough call) indicated they will be willing to wait til April (the most) or after I submit the application prior to join the company...

Rete - you are so right! I am not deciding until I meet my lawyer, hI ave an appointment next week

but again! based on the M-476 USCIS document (Thanks Ian) by April of this coming year, I will meet the following :

1 - I will be a resident at the state for > 3 moths at the time of applying
2- been physically present in the US for more than 18 months (after becoming a PR)
3- the 3 years rule is okay because by the time I am eligible to apply I was never out of the US for more than 6 months (for each of the 3 years)
4- and of course I am still married to my wife

Norri

Remember that you can apply 90 days prior to completing the 3 years, it may help to juggle the work commitments.