Applying for N400 while abroad

[Uncas76 0]

Hello All,

I have a quick question. I am hoping I can get an answer from somebody. Because, I received different answers from people.

I received my green card 08/07/2007 and it looks like I can apply for 5 year minus 90days, which turns out to be 05/09/2012.

I haven't traveled abroad more than 180days and I am residing in the same state for more than 3 months.(I have been at the same state for 17 years, same address for 3 years)

My question is I have to travel next week and I don't think I will be back before 05/09/2012, Can I leave my documents to a lawyer or a friend and they can submit it for me on 05/09/2012 while I was away.

I will be back at the end of may. Obviously, I do not wish to waste those weeks.

Any help would be appreciated.

Thanks in advance.

[Ree 9]

What do you think to write in N400 about your trips? You have to list all your trips, and count all days you have spent abroad.

I think it would be better to wait till the end of May.

[v333k 59]

You are splitting hairs here. One thing I do want to recommend is that since you are applying right when you are eligible, I would wait until you come back... Ree presents a good comment that you are traveling and how will you fill your application on trips? You can enter when you return but what if something happens and you extend/shorten your trip...

Since there is no deadline, you can wait until you come back and get things taken care of.

That being said, the answer to your question is yes, you can apply since you are eligible, but the little wrinkle mentioned above should not be overlooked.

I was eligible for several months when I applied for citizenship, but I decided to take a conservative route and wait until all the possible issues were taken care of in my case - I moved twice (knowing that I will) so I waited around 6 months so all my paperwork is filed at the same residence and not rely on USPS and USCIS to forward mail and change address.... that's just me, but everything went smooth and I never had to think back and wonder why I couldn't wait. Sometimes "cutting corners" could intorduce delays at USCIS that take much longer than the couple of weeks you are trying to eliminate at the beginning.

my 2 cents!

[Uncas76 0]

Thank you for your responses

I am planning to write down all my trips, including the last one. Since, I will know in advance which day I will be leaving.

I looked everywhere on the website and the documentations. It couldn't find anywhere where it states, you have to be in the country to submit the application.

[I AM NOT THAT GUY 5,715]

Thank you for your responses

I am planning to write down all my trips, including the last one. Since, I will know in advance which day I will be leaving.

I looked everywhere on the website and the documentations. It couldn't find anywhere where it states, you have to be in the country to submit the application.

What happens if you get an RFE, or they schedule your biometrics appointment while you are away? There is no deadline, no urgency to filing the N-400, so wait the extra few weeks to file. Besides, filing exactly 90 days before your anniversary date may cause some delay, since no final decision can be made until after your anniversary date.

[ManuFred 10]

Hello All,

I have a quick question. I am hoping I can get an answer from somebody. Because, I received different answers from people.

I received my green card 08/07/2007 and it looks like I can apply for 5 year minus 90days, which turns out to be 05/09/2012.

I haven't traveled abroad more than 180days and I am residing in the same state for more than 3 months.(I have been at the same state for 17 years, same address for 3 years)

My question is I have to travel next week and I don't think I will be back before 05/09/2012, Can I leave my documents to a lawyer or a friend and they can submit it for me on 05/09/2012 while I was away.

I will be back at the end of may. Obviously, I do not wish to waste those weeks.

Any help would be appreciated.

Thanks in advance.

90 day rule is never prefered. Don't cut it so close if you don't have to. Physical presence is not as straigth forward as you think. If you for instance have traveled within the first 3 months after receiving your GC the physical presence counter is set to zero again. This kind of stuff has caused people to be denied.

If no other reasons are there to apply this quickly then just give yourself a couple of months extra.

[Cautious 7]

Hello All,

I have a quick question. I am hoping I can get an answer from somebody. Because, I received different answers from people.

I received my green card 08/07/2007 and it looks like I can apply for 5 year minus 90days, which turns out to be 05/09/2012.

I haven't traveled abroad more than 180days and I am residing in the same state for more than 3 months.(I have been at the same state for 17 years, same address for 3 years)

My question is I have to travel next week and I don't think I will be back before 05/09/2012, Can I leave my documents to a lawyer or a friend and they can submit it for me on 05/09/2012 while I was away.

I will be back at the end of may. Obviously, I do not wish to waste those weeks.

Any help would be appreciated.

Thanks in advance.

You can go ahead and apply. I did the same thing. I left for vacation on 12/1/2011 -01/05/2012. I left my application with a relative to mail around 12/14/2012. They did so and when I arrived in January, the NOA and a notice for fingerprints were in my mailbox.

At my interview she asked me if I had any trips that were not included in the N400. I mentioned the december trip and all she did was update my list of trips.

I would advise you not to add the May trip on the N400, wait till the interview then add it. Just in case something goes wrong and you have to adjust the dates.

Good Luck!

[grrrrreat 109]

Thank you for your responses

I am planning to write down all my trips, including the last one. Since, I will know in advance which day I will be leaving.

I looked everywhere on the website and the documentations. It couldn't find anywhere where it states, you have to be in the country to submit the application.

You won't know what day you return though, even if you have a day planned something could happen, and you won't be able to calculate your days out of the country without it.

[Brother Hesekiel 2,235]

Would you believe me that filing right at the 90-day mark can cause a delay of several months?

Care to guess why and how?

I suggest you file when you are back, at the end of May. Does it make a difference if you become a US citizen on November 9 or November 23?

[Uncas76 0]

Hello All,

Thank you for your responses.

The thing is that, my dad is having health issues, that's why I wanted to spend as much time as I can with him.

I know that, once the application is sent and my fingerprint appointment is scheduled, it would be more risky to leave the country.

I am going to get an opinion of immigration lawyer on this one. I will update here, once I hear back.

[Uncas76 0]

This is what my lawyer said, which really doesn't answer my question. I will email her again

The requirements for citizenship include but are not limited to, maintaining continuous residence as LPR for a period of 5 years, and physical presence in the US for at least 30 months during this 5 year period of continuity. The statute also requires that you continue to meet the continuous residence requirement, and physical presence requirements between the date of filing and the taking of the oath, and not just at the time of filing.

So, if you were close to not fulfilling the continuous residency requirement, and/or the physical presence requirement at the time of filing, I would recommend you not leave the US between filing and the oath, since you need to meet the same elements at the time you take the oath.

However, as long as you will continue to be able to meet both the continuity of residence requirement, plus the physical presence requirement up until your oath is taken, travel should not be a problem.

[nwctzn 55]

I would just play it safe and apply once you are back.

As many posters here pointed out, does it really matter if you get your citizenship one or two months later?

[ChetT 9]

I just applied with 90-day mark. Do you care to share why and how ?

Would you believe me that filing right at the 90-day mark can cause a delay of several months?

Care to guess why and how?

I suggest you file when you are back, at the end of May. Does it make a difference if you become a US citizen on November 9 or November 23?

[ManuFred 10]

This is what my lawyer said, which really doesn't answer my question. I will email her again

The requirements for citizenship include but are not limited to, maintaining continuous residence as LPR for a period of 5 years, and physical presence in the US for at least 30 months during this 5 year period of continuity. The statute also requires that you continue to meet the continuous residence requirement, and physical presence requirements between the date of filing and the taking of the oath, and not just at the time of filing.

So, if you were close to not fulfilling the continuous residency requirement, and/or the physical presence requirement at the time of filing, I would recommend you not leave the US between filing and the oath, since you need to meet the same elements at the time you take the oath.

However, as long as you will continue to be able to meet both the continuity of residence requirement, plus the physical presence requirement up until your oath is taken, travel should not be a problem.

The laywer advices you not to travel if it comes close to not fulfilling the continuous residency requirement and/or the physical presence requirement at the time of filing. However, if you think you meet those requirements, you can go. This is exactly what we have been telling you for free!

I guess you want someone to tell you you can file. Well guess what nobody is gonna tell you this, especially not a lawyer as they can be held responsible for the advice they give their clients. This is what we call CYA in this country.

I seriously don't get it why you are so desperate to file so soon.

Edited April 12, 2012 by ManuFred

[Uncas76 0]

Hello all,

My dates are definitely not close. I am not desperate to file close, I wanted to spend as much time as I can with my father and at the sametime do not wish to waste additional time for nothing.

I am including the latest response from my lawyer.

There is no requirement that you are in the US when it is filed, but you will want to be sure you have someone checking your mail for your appointment notices, as you must be in the US to have biometrics taken.