Applying for Citizenship while working overseas

[iluilu2013 0]

Applying for citizenship while working overseas

Background: I have been a permanent resident since June 2008 and I fully qualified to apply for my citizenship as of June 2013. I submitted my n-400 last June 2013 (I meet all the requirements; being in USA for 5 years, tax payer, etc). After submitting my application, I received my appointment for finger print for July 2013. At the end of June I accepted a position working as a Contractor overseas in Middle East (for an American company). The offer happened so fast on June 29 that by July 15 of 2013 I was on a plane on my way to Middle East. Again, the company is an American company and provides contracting services to the Military (not a civilian contractor for the US government, civilian contractor an American company); therefore, I receive a W2 in my home address in Florida for the July to Dec 2013 period, as well as my former employer w2 from Jan to June 2013. I have all my bank accounts, storage units with my belongings, my car in storage, pay car insurance in US, pay cellphone bill in the US, pay health insurance via my employer with cigna, credit card in the US etc. I do not have a house because I used to rent, but I still have my old rental address where my old landlord collects my mail. Everything and all my transaction are in the US.

When I got the position overseas, I contacted USCI and requested to put my process on hold, they said that is not an option, the only option is to withdraw the application (and lose fees) or get rejected for abandoning the case. So I went ahead and wrote them a letter, explaining the reason for my withdraw.

Questions:

Now it has been already 8 months since in the Middle East and now that I’m more settle I will be able to travel to US if necessary to ravel to any appointment I may have with USCIS:

1. Can I file my n-400 from here, wait for appointments and travel to USA?

I’m in an American military base, I’m a civilian contractor for an American company that provides contracting services to the Military (not a civilian contractor for the US government)

1. Should it be an issue that I left without a permit?

I have been out the country for less than a year. Since everything happened so fast with this job, I did not have time and did not even know that I was supposed to get a travel permit that can be obtained to allow you being outside the US for 2 years without losing your PR. Also, I have all the proves that I still have My Life in the US (tax returns for the last 4 years, w2s for 2013, bills, bank accounts, car, cellphone, DL, etc)

1. I will be renewing my 1 year contract in July, for another year; and want to figure what is the best solution so I don’t lose my PR; Apply from here to my Citizenship and travel to US every time I have an interview? (the expense is not an issue, company pays the travel) or try to get a travel permit? Or?....suggestions please!!

Thank you in advance for your assitance. Im trying to figure a solution so I can put something in action before is 12 months, that way USCIS sees that is not that I just abandoned the process!

[warlord 73]

Well considering it is a US job and it's contract which works with the US Military I don't think that should be an issue at all with your N-400. You will just need to document your job, show proof and the nature of the job and why you are required to work outside the US. Bonus if you can prove you're working on US bases overseas.

This should not abandon your GC at all, though it may reset your N-400 clock, but again that will be up to the IO and the more you can give him details about the job and company the better chance is they'll be fine with you. Plus you have stuff in storage in the US and bank accounts etc. That is also good and bring proof of that.

The only issue is I do not believe you would qualify to apply for USC overseas at all, though I could be wrong at that. Best is to make an appointment at the embassy or consulate there and find out from them what you should do.

Also ask and inquire about the re-entry permit, as you may qualify for that as well and that will preserve your status if you stay longer than a year on this job.

Hope that helps a bit...

[jhm3 15]

I guess the first thing to point out is that if you are outside the United States for more than 12 months straight, your Green Card will cease to be valid (you would then need to apply for a Returning Resident visa from the US embassy, if it came to that) and your continuity of residence for naturalization purposes will be broken, so do make sure you get back for a visit, at least, before a year is up.

Turning to your questions, to the best of my knowledge, there is no requirement that an applicant file the N-400 while physically in the US (a requirement that does exist, as you probably know, when applying for a re-entry permit).

The fact that you did not obtain a re-entry permit before leaving should not be an issue in and of itself, but after being away for 8+ months, you would be likely to face some questions both from CBP officers at the port of entry (to establish that you have not abandoned your LPR status) and from USCIS officers conducting a naturalization interview (to establish that your continuity of residence for immigration purposes has not been interrupted). In both of those cases, all of those ties to the US that you have maintained (and arguably the fact that you are working on a US base) will be relevant. Again, bear in mind that without a re-entry permit (to document an intention to maintain LPR status) and without an approved N-470 (to preserve continuity of residence for naturalization purposes), you're in trouble if your current absence (or any subsequent one) lasts more than a year.

(On the N-470, look up the form and see if you might be able to benefit from that: To qualify you need to have spend a full, *uninterrupted* period of at least one year in the US before going abroad, and you need to be working abroad either for the US government, and international organization, or certain categories of US companies and research institutions. You would have to see if your employment qualifies.)

(On the re-entry permit, if you're thinking about applying for one on your next trip to the States, bear in mind that you have to stick around long enough for a biometrics appointment to take place, so that's usually a matter of a few weeks.)

Good luck!

[iluilu2013 0]

Warlord and Jhm3,

Thank you so much for your reply. It help me with some guidance on what to do with this issue. At this point im considering the following options, but I would appreciate your feedback on what you think may be the best choice.

Please note:

1. Regardless of what choice from below, im still planning on going to USA on May or June, before the 1 year hits (one year will be on July 5)

2. New issue; i just found out that my company is actually based in Dubai. The company that holds my contract is subsidiary of an American company.

The potential plan, I URGE your kind advice!

a) I-131: I was suppose to apply for this permit before leaving the country, but i did not know and also, the job offer happened so fast that i would had no time to wait for the I-131. At this point reading the instructions for I131; it states that you need to be physically in USA. The questions: Should I still file it from here and wait for the fingerprint notice and then travel to USA?

Please take under consideration that the post office at the base where i live is a USPS office. We have the unit states postal service in the camp and they deliver from the base to a military base in the US and then mail hits the streets as regular mail.

Are they going to give me travel for already being out the country all these time without a permit when I apply for the i 131 (if you believe i should apply). Applying for it during my May or June visit is not an option, because I will not be able to stay that long. Im in the middle east and the hardest part is leaving the base, there is so much paperwork and logistics due to security reasons so leaving the base and coming back in the base is not a simple process and requires many documents in between the contractor and the military.

b) N-470:

I can try filing it and do it under the evidence of my line of work and wish for the best, since the company is not based in US (but they gave me a W2?) is not like im trying to hide my income to the US. The company is subsidiary of an American company and again, the company works under a contract (as The Contractor) for the Department of Defense (DOD) and for the Dept of the Army. To my defense I can say to immigration "why would i any intention of becoming a resident of Afghanistan?"...specially I do not live in an apartment or something like that....i live in a camp.

The 470 states that you still need to have an entry permit while having the 470...should I apply for both?...only apply for 470?

c) N-400:

My first intention was to file the n400, but after reading all the rules...im afraid that I dont qualify due to failing the "presence" test, where im suppose to be present in the US before and during the process. Maybe apply for N470 and then apply for N400?...N470 makes me qualify for presence while being overseas due to my line of work. I think the big issue is the I131.

I hope Im making sense here and I apologize if I confuse you all, but have been breathing, eating and crying out these 3 forms and their requirements. Im so sad right now, because I do not want to have to leave my job, specially since my contract is over in July and they offered me another year which means so much for me, financially will allow me to go back to school without a loan and also have some savings for my future. I have the flexibility of going to the US 2 times a year, but I know for USCIS going to visit for a week or two, 2 times a year is already a red flag. Please help me!

Please help me!!!!!