Studying abroad after N-400 submission

[kkg325 6]

In November 2018, I will be eligible to apply for naturalization. When I submit my application in November, I will have met the residency and continuous presence requirements.

 

However, I have been accepted to a graduate program in France, which starts in September 2018. Therefore, I will be in France from September-December 2018. I will come back in December for a few weeks (to see my spouse and attend biometrics), and then go back to France from January-May 2019. I will come back for week-long visits in between and whenever my interview is scheduled.

 

I should also note that my spouse will be doing research overseas starting in January 2019 (while my application is pending). We will be changing our permanent address to her parents’ address in a different state (and USCIS will be moving our case to a different field office at that point).

 

Are the residency and continuous presence requirements only for the period before I submit my application or while the application is processing as well? After I submit the application, can I travel outside the US (for periods less than 6 months)?

Since I am studying abroad temporarily and will be gone for less than 6 month periods, will USCIS understand that I have not abandoned my US residence?

If my naturalization application is in fact denied for not meeting continuous presence and residence requirements, does this have any impact on my PR?

Is this all just way too complicated? Should I just wait until I finish my schooling to apply for citizenship?

[CheeseMonstah 87]

I'm not an expert, but it sounds to me, as you're planning on staying about 7 1/2 months out of the country, that you'd be abandoning your LPR.

 

I had my N400 interview last week, and after I mentioned I had a couple international trips before my oath, they immediately asked whether those trips would put me over the 6 months mark (they won't).

Edited July 24, 2018 by CheeseMonstah

[shumway1756 304]

They don't just count your presence until the day you submit your N400 application, they will also count any absences after submission of the application. Lots of people have reported being asked at their interview to account for travel since submission of the application. So you may be putting yourself in jeopardy here. Until you have citizenship, you are still an LPR and taking up residence abroad could threaten your LPR status.

[GreatDane 366]

Agreed with above. By studying outside the US and returning for visits, you will no longer be a resident in the US and will lose your status. With your spouse also starting research abroad, it looks like you're intending to move back to Europe and your residence during your study abroad is France. This affects your continuous residency and also risks abandonment of PR and your N400 petition. 

[kkg325 6]

Ok, so it looks like I have 2 issues here:

1. Abandonment of my LPR. 

2. Disruption of continuous residence for naturalization. 

 

For issue 1, what if I got a re-entry permit before beginning my studies? Would this be sufficient evidence that I’m not abandoning my LPR? I would still come for visits every few months, but have the reentry permit as a back up until I finish my studies in 2 years.

 

For issue 2: Based on current naturalization timelines, if I apply as soon as I’m eligible, I can expect to have my naturalization interview next summer. If that’s the case, I will still be within the physical presence requirements (18 months in the last 3 years). Will having a reentry permit disrupt my 3 year continuous residence requirement, or will it support  it? What are the implications of having a reentry permit on naturalization application?

 

I can always just wait until after I finish my studies to apply for naturalization but if I can, I’d prefer to do it now!

 

Thanks for your help!

[CarlHamilton 252]

You have it the wrong way around.  First, get your citizenship.  Then, do whatever.  Unless you don't really care about living in the US, in which case you do you. 

[SleepyPanda 10]

41 minutes ago, kkg325 said:

Ok, so it looks like I have 2 issues here:

1. Abandonment of my LPR. 

2. Disruption of continuous residence for naturalization. 

 

For issue 1, what if I got a re-entry permit before beginning my studies? Would this be sufficient evidence that I’m not abandoning my LPR? I would still come for visits every few months, but have the reentry permit as a back up until I finish my studies in 2 years.

 

For issue 2: Based on current naturalization timelines, if I apply as soon as I’m eligible, I can expect to have my naturalization interview next summer. If that’s the case, I will still be within the physical presence requirements (18 months in the last 3 years). Will having a reentry permit disrupt my 3 year continuous residence requirement, or will it support  it? What are the implications of having a reentry permit on naturalization application?

 

I can always just wait until after I finish my studies to apply for naturalization but if I can, I’d prefer to do it now!

 

Thanks for your help!

 

Definitely get the re-entry permit. I was in a similar situation. Clearly explain the reason for your re-entry permit when you request it. Also save this document as the re-entry permit and the request can later be used as supporting documents for your n400.