Can I Travel Abroad While Applying for Citizenship

When applying for U.S. citizenship via naturalization, English and civics tests get much of the attending. But permanent residents oft do not understand how travel abroad tin bear upon their eligibility for naturalization.

Ii related but split up requirements, continuous residence and physical presence, must be satisfied for one to be eligible to file Class N-400, Application for Naturalization. Excessive travel abroad can adversely affect eligibility. Excessive travel tin can include 1 long trip or the accumulation of several trips over the period that precedes your access as a U.South. citizen.

Continuous Residence

Continuous residence means that the applicant has maintained residence within the U.s.a. for a specified period of time. An bidder must have continuous residence in the United States as a lawful permanent resident for at least five years immediately preceding the date of filing N-400, Application for Naturalization. The continuous residence requirement is adjusted to 3 years for an applicant filing as a permanent resident married to a U.S. citizen. For certain military applicants, immigration law completely waives the requirement.

The purpose of the continuous residence requirement is to institute the bidder's genuine intent to integrate with American society and not just take reward of the benefits of U.S. citizenship. USCIS wants to know that the applicant truly wants to become a citizen. The continuous residence requirement helps the applicant demonstrate that he or she has begun to integrate with American community and intends to stay in the U.S. long term. And then how long can one be absent-minded from the The states?

Disrupting the Continuous Residence Requirement

In general, the following guidelines apply for permanent residents who are traveling abroad:

• A trip abroad that is less than 6 months will non disrupt continuous residence.
• A trip abroad of 6-12 months volition likely disrupt continuous residence.
• A trip abroad 12 months or longer will disrupt continuous residence.

USCIS officers are also well enlightened of the games some people play. They will examine all of the trips taken during the v years that precede the filing of the application. USCIS will discover if the applicant has taken multiple trips which announced calculated to have less than half dozen months. (For example, the applicant travels abroad for 5 months and fifteen days, returns to the U.S. for 10 ten days, and then leaves again for another 5 months.) The USCIS officer may consider the ii carve up trips as i long trip of more than than 10 months.

RECOMMENDED: Continuous Residence and Physical Presence Requirements

Physical Presence

Physical presence means that the applicant has been physically nowadays inside the United states for a specified menses of time. A permanent resident must have 30 months of physical presence in the United States over the v years immediately preceding the engagement of filing N-400, Awarding for Naturalization. The concrete presence requirement is reduced to 18 months for permanent residents married to a U.Due south. citizen (over a 3-year period). And again the requirement may be waived for certain applicants who have served the U.S. government.

Unlike continuous residence, physical presence is a cumulative requirement. When computing physical presence, the permanent resident must combine each mean solar day that he or she was inside the United States. If a permanent resident spends more time abroad than in the United States, it raises concerns that the U.S. may not be his or her truthful home.

RECOMMENDED: Continuous Residence and Physical Presence Requirements

Summate Continuous Residence & Physical Presence

An North-400 bidder can determine time equally a permanent resident by reviewing his or her green card. Yous can find the date that permanent residence status began on the greenish card next to "Resident Since." Calculate this manually or start CitizenPath'due south North-400 Eligibility Quiz.

Note: If you came to the United States equally a refugee, your permanent residence appointment will be backdated to the day you arrived in the U.S. If you were initially in aviary status, information technology will be backdated i twelvemonth.

USCIS will count the day that an applicant departs from the United states and the mean solar day he or she returns as days of concrete presence inside the United States for naturalization purposes.

Travel as a Permanent Resident

Immigration law allows lawful permanent residents to travel abroad freely and re-enter the United states of america with a valid dark-green bill of fare. But extensive travel may affect permanent resident status as well every bit eligibility for U.S. citizenship.

As a rule, permanent residents should not travel exterior the United States for periods of half dozen months or more. When a permanent resident spends meaning fourth dimension exterior the United States, it may give rise to the notion that he/she has abandoned his/her permanent resident condition.

Travel Under Half-dozen Months

A permanent resident may generally leave the United States and re-enter less than six months later without any issues. To re-enter he or she must provide valid proof of permanent resident status. Most people may use a valid, unexpired permanent resident card (greenish carte) for re-entry. File Form I-90, Awarding to Replace Permanent Resident Carte du jour, to renew a green card that will elapse in vi months or less.

Travel Longer Than 6 Months But Less Than a Yr

If an bidder is absent from the United States for a flow of more than vi months, but less than one year, there will be a presumption that he or she has disrupted continuous resident. This includes whatever absence that takes place prior to filing the naturalization application or between filing and the applicant'southward admission to citizenship. The applicant will have to demonstrate proof of residence. In other words, the person volition take to show that he/she did not carelessness residence in the U.Due south. and that the U.S. is the primary place of residence. Although many applicants have done this on their own, we recommend that you seek the back up and advice of an immigration chaser that tin can assistance you document your case. Examples of evidence may include, but are not limited to documents that prove the applicant:

• Did not terminate his or her employment in the United states or obtain employment while abroad.
• Had immediate family unit who remained in the The states.
• Retained full admission to his or her Usa residence.

Travel Longer Than One Year

An absenteeism from the United states for a period of i year or more than during the period for which continuous residence is required will interruption the continuous residence requirement. Once again, the applicable period includes time prior to and subsequently filing the naturalization application.

What's more, if a permanent resident stays exterior the U.S. for i year or longer without securing a reentry let, the government may attempt to revoke the person's permanent residence.

A naturalization applicant who is required to establish continuous residence for at least five years and whose application for naturalization is denied due to an absenteeism of one twelvemonth or longer, may apply for naturalization iv years and ane day later returning to the United states of america to resume permanent residence. (An applicant who is subject to the three-year continuous residence requirement may utilise two years and one day after returning to the Usa to resume permanent residence.)

Near attorneys prefer that their clients exercise non travel abroad one time the bidder has filed Course N-400. Yet, it is possible. If yous would like to travel exterior the United states of america during the naturalization process or if y'all plan to travel abroad for a flow of 6 months are more, please speak to an experienced immigration attorney that can explain the ramifications.

Travel Abroad Afterwards Filing Class Northward-400

Many naturalization applicants want to know if information technology's permissible to travel abroad after filing Class N-400, Application for Naturalization. The simple answer is "yes," simply there are several considerations. First, you go on to be a permanent resident and have the correct to travel exterior the United States, even later on filing Course N-400. But your absenteeism from the U.South. still has the potential to interfere with your eligibility and the application process.

Continuous Residence

The continuous residence requirement is yet in consequence. You must take resided continuously in the United States later on your permanent residence admission for at to the lowest degree v years prior to filing the naturalization application and up to the time of naturalization. (For an bidder applying on the basis of three years of permanent residence while married to a U.Southward. citizen, the same is true. The continuous residence requirement counts up to the fourth dimension of naturalization.) Therefore, the trip should be short and certainly less than half-dozen months in duration.

USCIS Appointments

Another consideration when traveling away after filing Form Northward-400 is the obligation to nourish mandatory USCIS appointments. For most candidates, there will exist three key appointments: the biometrics appointment, the naturalization interview, and the adjuration ceremony. While you may typically reschedule these appointments, make every endeavor to attend the appointment every bit scheduled. Missing an date and failure to address the absence can lead to a denial of your application. We provide an gauge N-400 time line that outlines the steps subsequently filing Course N-400. Even so, USCIS schedules these appointments and may deviate from the estimated time line.

Exceptions to Continuous Residence and Concrete Presence Requirements

In that location are special provisions in the constabulary that exempt members of the U.Southward. armed forces, sure business travelers, religious workers, regime employees, and researchers for a U.Southward. research bureau, from the continuous residence requirement. This allows certain individuals to maintain eligibility for U.Due south. citizenship despite travel abroad for long periods.

Such applicants must file a Form N-470, Application to Preserve Residence for Naturalization Purposes. You must meet the following criteria to authorize for Form N-470:

• The applicant must have been physically present in the Us as a lawful permanent resident for an uninterrupted period of at least one year prior to working abroad.
• The application may be filed either before or after the bidder's employment begins, but before the applicant has been away for a continuous catamenia of one year.

In addition, the applicant must take been:

• Employed with or under contract with the U.S. Government or an American institution of inquiry recognized as such by the Attorney General;
• Employed past an American house or corporation engaged in the development of U.Due south. foreign trade and commerce, or a subsidiary thereof if more than 50 percent of its stock is owned by an American business firm or corporation; or
• Employed past a public international organization of which the U.s. is a member by a treaty or statute and by which the applicant was not employed until after becoming a lawful permanent resident.

If you believe that you may run into these criteria, contact an experienced clearing chaser to discuss your options.

About CitizenPath

CitizenPath provides elementary, affordable, step-by-stride guidance through USCIS clearing applications. Individuals, attorneys and not-profits use the service on desktop or mobile device to set up immigration forms accurately, avoiding costly delays. CitizenPath allows users to try the service for complimentary and provides a 100% coin-back guarantee that USCIS will approve the application or petition. We provide back up for Green Carte Renewal (Grade I-90), the Citizenship Application (Form North-400), and several other immigration forms.

Note to Reader: This post was originally published on March 10, 2015, and has been modified with improvements.

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Source: https://citizenpath.com/travel-abroad-affects-citizenship-eligibility/

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