Can I travel to my country while N400 pending?

[dnhk 5]

Hi guys, on May 2023 I need to travel to my country to solve some problems. I will stay in my country for around 1 month. Is it ok that I can travel? Will it affect my N400? And will I get any trouble in the Naturalization interview? I submitted the N400 based on 5 year rule (divorced) on November 2022 

Edited January 15, 2023 by dnhk

[JeanneAdil 6,489]

as long as u applied while residing 3 months in the judisdiction and can return for the interview , then it shouldn't 

but make sure the biometrics are done before u leave

[ImmigrantKrish 75]

45 minutes ago, dnhk said:

Hi guys, on May 2023 I need to travel to my country to solve some problems. I will stay in my country for around 1 month. Is it ok that I can travel? Will it affect my N400? And will I get any trouble in the Naturalization interview? I submitted the N400 based on 5 year rule (divorced) on November 2022 

If you had submitted in Nov, then your Biometrics should already be done.

 

Now the question is, which FO do you belong, and how fast are they doing the Interviews.

 

if you get your interview and oath before May and then have a proof of travel in 14 days you can get expedited passport for international travel. These worry me with the FO timelines for you...

[dnhk 5]

Thank you everyone, My bio is waived

[Mike E 11,739]

1 hour ago, dnhk said:

Hi guys, on May 2023 I need to travel to my country to solve some problems. I will stay in my country for around 1 month. Is it ok that I can travel? Will it affect my N400? And will I get any trouble in the Naturalization interview? I submitted the N400 based on 5 year rule (divorced) on November 2022

1. When did you file N-400?

 

2. How many days of physical presence did you have when you filed N-400?

 

3. How many days of  physical presence  will you have  between the date you filed N-400 and the date of your trip?

 

There is law and policy  when it comes to residency and physical presence after you file N-400.  
 

A. By policy, USCIS enforces 50 percent physical  presence looking back 5 years from each of the date of filing, date of interview, and date of oath.
 

B. By law, the 5 year look back does not apply after N-400 is filed, but you are expected to maintain continuous residency after filing N-400 which implies 50 percent physical presence from:

 

* date of filing to interview 

* date of filing to oath
 

I see (A) enforced all the time with cases denied. 
 

I’ve never seen (B) enforced.

Edited January 15, 2023 by Mike E

[dnhk 5]

11 minutes ago, Mike E said:

1. When did you file N-400?

 

2. How many days of physical presence did you have when you filed N-400?

 

3. How many days of  physical presence  will you have  between the date you filed N-400 and the day of your trip?

For 1. I file on November 18, 2022

For 2. I am still in the US ( until now , I present in US around 58 days)

For 3. I plan to travel on May 19, 2023, so the total day I present in US from I filed N400 to May 19, 2023 is around 179 days ( I will come back US on June 19, 2023. I only travel for around 31 days)

Also, for the past, I received my 2 year green card on November 2016, and I only traveled 1 time for 1 month on January 2017.

Edited January 15, 2023 by dnhk

[Mike E 11,739]

1 hour ago, dnhk said:

For 1. I file on November 18, 2022

For 2. I am still in the US ( until now , I present in US around 58 days)

 

No, because you said since you became an LPR, you had just one absence from the USA for 31 days. So your physical presence was roughly 5 * 365 - 31 = 1,794 days.  
 

 

1 hour ago, dnhk said:

For 3. I plan to travel on May 19, 2023, so the total day I present in US from I filed N400 to May 19, 2023 is around 179 days ( I will come back US on June 19, 2023. I only travel for around 31 days)

Also, for the past, I received my 2 year green card on November 2016, and I only traveled 1 time for 1 month on January 2017.

Based on the what  you’ve written, you can safely travel. 

[dnhk 5]

Thank you so much

[Dashinka 24,479]

Just as an FYI, depending on your local office, if you have your interview and oath in the next 3-4 months, you will need to get you US Passport before leaving in May.

[Free Man 119]

I did the same thing, filed my N400 online then travel for 1 month,  came back and got my interview few weeks later back in 2022. Just monitor your online account as the interview letter would be uploaded there. So u can know when is the interview.  Normally is atleast 30days out.  Good luck and safe travels 

[gstrength 20]

when you go in for your oath ceremony, as you turn in your green card, they will ask you if you have traveled out of the country since you submitted your application and how long was your absence. You should be fine

[dnhk 5]

Will the officer at interview ask me about the time I travel out of US?

[OldUser 6,604]

7 minutes ago, dnhk said:

Will the officer at interview ask me about the time I travel out of US?

Sure, that's one of the questions in N-400.

[dnhk 5]

Thank you