Lawyer said we can't go on vacation outside US in 3 months before N400 filing?

[Trying21 12]

Our attorney told us that in the 3 months before N400 filing (I am pending ROC on my GC - have my 18 month extension and global entry), that we shouldn't leave the US, even for a long weekend holiday to Mexico etc.

Is this true? I can't seem to find this written anywhere. We travel a lot and spend many of the public holidays in the US overseas doing short trips  (long weekends here and there) overseas. We are vaccinated for Covid (our second shot will be feb 10). Since in the 3 months before we file for my N400 there's July 4, july 24 (utah only holiday), and labor day, I'm wondering how legit this is that we can't travel during this time?

 

Such a first world problem I know, but just wondering everyone's experiences of this?

 

[Liam2021 583]

7 minutes ago, mb112 said:

Our attorney told us that in the 3 months before N400 filing (I am pending ROC on my GC - have my 18 month extension and global entry), that we shouldn't leave the US, even for a long weekend holiday to Mexico etc.

Is this true? I can't seem to find this written anywhere. We travel a lot and spend many of the public holidays in the US overseas doing short trips  (long weekends here and there) overseas. We are vaccinated for Covid (our second shot will be feb 10). Since in the 3 months before we file for my N400 there's July 4, july 24 (utah only holiday), and labor day, I'm wondering how legit this is that we can't travel during this time?

 

Such a first world problem I know, but just wondering everyone's experiences of this?

 

That not true. The lawyer clearly not fully understand the requirements for N400.

[ioxtremod 23]

Yeah, it's not true. It's not recommended and make sure you don't travel outside of the US in the 14 days preceding a in person meeting with USCIS but this is for COVID not immigration laws.

 

Stop working with this lawyer and do the application yourself. It's not that complicated and lawyer just asks for almost exactly the same thing that you have in the actual application.

[Coco8 1,042]

I'd keep an eye on any new restrictions for travel. There might be a request for negative COVID test even for US citizens and permanent residents. Although what the lawyer said it's not true, there are so many places you could travel to in the US, I'd personally not risk it.

[AstroCanada 206]

Just to be clear, you are required to be domiciled in the state or USCIS district for 90 days prior to filing.  You can travel wherever you like.

[SusieQQQ 11,586]

You need to reside in the district for 90 days before filing. Taking  a holiday somewhere does not interfere with residence.  Yeah I’d worry about this lawyer.  What kind of other advice is he giving you? How much experience does he have?

Edit: I just went back and checked my calendar. I had a 2.5 week vacation in Africa two months before I applied for n400. It totally wasn’t an issue.

 

Edited January 21, 2021 by SusieQQQ

[JFH 12,190]

*~*~*procedural question moved from “progress reports” to “general discussion”*~*~*

[Zaidba 39]

Not true. Why do you need a lawyer? If your case is a standard one with no complications, then do it yourself. If you have complications that led you to seek legal help, then find a qualified and experienced lawyer. 

[jimbrackets 2]

Are you using the early filing rule? Then obviously don't travel.

Edited January 21, 2021 by jimbrackets

[Mike E 11,739]

11 hours ago, mb112 said:

Our attorney told us that in the 3 months before N400 filing (I am pending ROC on my GC - have my 18 month extension and global entry), that we shouldn't leave the US,

 

Completely false.  I traveled internationally several times in the 90 days before I filed my N-400 and this never came up.  
 

As others have said, you have to have 90 days of continuous residency in the same USCIS field office district.  But continuous residence is not the same as continuous presence.  

[ch3john 308]

Whenever someone comes on VJ and starts with "my lawyer said...." I start thinking...oh boy, here we go again.

[millefleur 5,046]

12 minutes ago, ch3john said:

Whenever someone comes on VJ and starts with "my lawyer said...." I start thinking...oh boy, here we go again.

Indeed, it is astonishing how much bad and sometimes flat out wrong advice they can give.

[Bob in Boston 701]

6 hours ago, millefleur said:

Indeed, it is astonishing how much bad and sometimes flat out wrong advice they can give.

And they charge you top dollar for the bad advise....... imagine what they charge for good advise.

[Daisy.Chain 317]

It shouldn't be a problem as it is longer than 6 mos.

 

You have to have at least 30 months (913 days) of physical presence in the US - PRIOR TO filing. Short trips wouldn't interfere with that requirement.

[Mollie09 1,543]

9 hours ago, jimbrackets said:

Are you using the early filing rule? Then obviously don't travel.

Not relevant for either 3-year or 5-year filings.