can I travel back to My country due to taking caring of parents ,after applying N400?

[adairsky 0]

Hello all,

I am in the processing of applying US citizen.

I have a question. My parents need me back to take care of them awhile. ( maybe 1 year or more , i am not so sure. it depends on their health)

I am afraid that I will not get US citizenship when USCIS finds out I am not in US . My husband says it should be fine becoz I will be here for interviews or cerenomy.

What should I do?? Thanks for help.

[Chica Yeyé 41]

Google "maintaining permanent residence". ---- depends on how long you will be out of the US.

[KyngSilva 0]

Here's a great site for you

http://www.americanlaw.com/maintlpr.html

Taking care of your parents is very important, tough choice to make. If you can hold of till you get your citizenship then go that route, if not you could lose your green card for living outside the US for more than a period of time.

Edited April 15, 2009 by KyngSilva

[bggirl 0]

I was in the same situation but for a shorter period of time. I was in and out of the country for the last year but I never exceeded six months at a time, and the IO did record the total days out of the U.S. I would not recommend leaving for more than 6 months, if the circumstances allow it of course. If you have to go back for an extended period of time, it should not be more than 1 year. Then you would have broken your continuous residence (there are exceptions but taking care of family members is not one of them). And make sure you have enough time in the U.S., too.

"Residence and Physical Presence

An applicant is eligible to file if, immediately preceding the filing of the application, he or she:

*

has been lawfully admitted for permanent residence (see preceding section);

*

has resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing with no single absence from the United States of more than one year;

*

has been physically present in the United States for at least 30 months out of the previous five years (absences of more than six months but less than one year shall disrupt the applicant's continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period)

has resided within a state or district for at least three months."

[warlord 73]

Also remember going away for say 6 months and comming back for a short time and re-leaving for 6 months doesn't constitue maintaining residency and is grounds for immediate denial. Over a year you will most always be denied. You must not only be away, but also must maintain US ties as well such as a home, bills etc. Simple just leaving for a year and having nothing to show US residency is also grounds for abandonment of the Green Card and you could find yourself not only without US citizenship, but without a Green Card as well if the IO determines so.

Wait till you get your US citizenship before trying something like this...

[moonhunt 1]

As other people said. it may cause the problem not just for your US citizenship, but also for your permanent residency.

So be careful.

Also after you become US citizen, you have to use US passport for dealing with US government by the law.

So you should have US passport to make your travel plan.

If your parents health needs you, you can withdraw N400 application, and file for I-131 re-entry permit for extended travel such as 1 year.

That will delay your eligibility for N400 restart from the time when you come back, but that's your decision.