Going to School Abroad While N400 Pending

[Olut 0]

Hey everyone, 

I filed N400 last Feb and since then I have been waiting. This September I am planning on attending a grad school in Europe. I am planning on applying for I-131 form before I leave. Does anyone know if they will make this a problem during the interview?

[arken 4,197]

Depends how long you are planning to stay abroad.

[Olut 0]

Exactly 1 year

[SusieQQQ 11,587]

If you are out of the US for longer than 6 months but less than a year you will be presumed to have broken continuous residence. If you are absent one year or more you have broken it.  An i131 re-entry permit protects your green card but it does not protect you from breaking continuous residence for naturalization purposes. You can try argue if you like to rebut the presumption in interview, or you can make a plan to return to the US for a bit to keep the absence/s below 6 months. If you are absent for one year or more you cannot rebut. 
 

From the manual :

An applicant for naturalization under the general provision[1] must have resided continuously in the United States after his or her lawful permanent resident (LPR) admission for at least 5 years prior to filing the naturalization application and up to the time of naturalization. 

….

An applicant for naturalization has the burden of establishing that he or she has complied with the continuous residence requirement, if applicable. Generally, there are two ways outlined in the statute in which the continuity of residence can be broken:[9]

- The applicant is absent from the United States for more than 6 months but less than 1 year; or

- The applicant is absent from the United States for 1 year or more.

 

More details including on how to overcome the presumption if more than 6 months but less than a year https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3

 

 

Edited July 19, 2021 by SusieQQQ

[SusieQQQ 11,587]

2 hours ago, Olut said:

Exactly 1 year

From the above manual 

 

USCIS must deny a naturalization application for failure to meet the continuous residence requirement if the applicant has been continuously absent for a period of 1 year or more during the statutory period. 

[Olut 0]

20 minutes ago, SusieQQQ said:

If you are out of the US for longer than 6 months but less than a year you will be presumed to have broken continuous residence. If you are absent one year or more you have broken it.  An i131 re-entry permit protects your green card but it does not protect you from breaking continuous residence for naturalization purposes. You can try argue if you like to rebut the presumption in interview, or you can make a plan to return to the US for a bit to keep the absence/s below 6 months. If you are absent for one year or more you cannot rebut. 
 

From the manual :

An applicant for naturalization under the general provision[1] must have resided continuously in the United States after his or her lawful permanent resident (LPR) admission for at least 5 years prior to filing the naturalization application and up to the time of naturalization. 

….

An applicant for naturalization has the burden of establishing that he or she has complied with the continuous residence requirement, if applicable. Generally, there are two ways outlined in the statute in which the continuity of residence can be broken:[9]

- The applicant is absent from the United States for more than 6 months but less than 1 year; or

- The applicant is absent from the United States for 1 year or more.

 

More details including on how to overcome the presumption if more than 6 months but less than a year https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3

 

 

So if I get the interview date in that first 6 months of my absence and I just fly back to the US and take the interview, it should be ok?

[SusieQQQ 11,587]

12 hours ago, Olut said:

So if I get the interview date in that first 6 months of my absence and I just fly back to the US and take the interview, it should be ok?

Assuming that you can do the oath at the same time or shortly thereafter, yes. The “up to the time of naturalization” reference means taking the oath. 
Can you clarify, did you apply Feb 2020 or 2021?

[Olut 0]

15 minutes ago, SusieQQQ said:

Assuming that you can do the oath at the same time or shortly thereafter, yes. The “up to the time of naturalization” reference means taking the oath. 
Can you clarify, did you apply Feb 2020 or 2021?

Feb 2021

[SusieQQQ 11,587]

Oh, ok. What FO? Many are taking longer than a year to process (even before the pandemic).

[Olut 0]

1 hour ago, SusieQQQ said:

Oh, ok. What FO? Many are taking longer than a year to process (even before the pandemic).

San Diego. I have been really worried about it. Additionally, I checked I-131 is taking forever as well. I might have to do it at a consulate in Europe.

[SusieQQQ 11,587]

15 minutes ago, Olut said:

San Diego. I have been really worried about it. Additionally, I checked I-131 is taking forever as well. I might have to do it at a consulate in Europe.

Have to do what from a consulate in Europe? You need to do both the application and biometrics for i131 in the US. You can get the actual permit sent to the consulate for picking up but you can’t do any part of the application process there. Have you applied i131 yet? I would do it now if I were you and you haven’t yet.

 

San Diego is currently listing 12-16 months for n400 processing so it’s not unrealistic that you’d get a call to interview before your first 6 months out, but it’s far from guaranteed either.

[Olut 0]

24 minutes ago, SusieQQQ said:

Have to do what from a consulate in Europe? You need to do both the application and biometrics for i131 in the US. You can get the actual permit sent to the consulate for picking up but you can’t do any part of the application process there. Have you applied i131 yet? I would do it now if I were you and you haven’t yet.

 

San Diego is currently listing 12-16 months for n400 processing so it’s not unrealistic that you’d get a call to interview before your first 6 months out, but it’s far from guaranteed either.

I thought you could apply for reentry permit at a consulate. I still haven’t received my official letter from the university, it’s on the way. That’s why I had to wait this long to apply for I-131.

[Lucky2Lucky 2,526]

Are you able to come back for winter break? Presumably that would be for about a month and would prevent you from needing a re entry permit and worrying about breaking continuous residency.

[Olut 0]

54 minutes ago, Luckycuds said:

Are you able to come back for winter break? Presumably that would be for about a month and would prevent you from needing a re entry permit and worrying about breaking continuous residency.

Yes I will come back during the winter break but after the break I will have to go back. So when I come back during winter time, does that 6 months requirement refresh or does it continue adding up when I go back to europe? 

[SteveInBostonI130 3,489]

 

3 hours ago, Olut said:

I thought you could apply for reentry permit at a consulate. I still haven’t received my official letter from the university, it’s on the way. That’s why I had to wait this long to apply for I-131.

 

No.  You have to be physically in the US when you apply and to do your biometrics.  After bio you can leave and have USCIS mail your documents to you at the embassy you designate.

 

You can apply for a returning resident visa at the consulate, which is a different thing.