Applying for citizenship from another country

[Soyz 0]

I just got offered a job in Mexico for 2 years, I have been a permanent resident for more than five years and fulfilled the requirements but never really got to applying for citizenship (bc I'm an idiot)...

Do you think I can send my application before I leave to Mexico and then when I get my call I can fly back to the US and take the oath? Or that can't be done?

It's a really good job offer than can't be refused and the opportunity of a lifetime, but I worked hard to get my green card as well and I don't want to lose it!

Hope you guys can help me out please :-)

[JimmyHou 610]

I just got offered a job in Mexico for 2 years, I have been a permanent resident for more than five years and fulfilled the requirements but never really got to applying for citizenship (bc I'm an idiot)...

Do you think I can send my application before I leave to Mexico and then when I get my call I can fly back to the US and take the oath? Or that can't be done?

It's a really good job offer than can't be refused and the opportunity of a lifetime, but I worked hard to get my green card as well and I don't want to lose it!

Hope you guys can help me out please :-)

No. You cannot apply for citizenship from abroad except under very special circumstances that don't seem to apply here.

Your application will be denied and depending on how long you're gone, your greencard can be revoked.

If the job can't be postponed or refused, then you'll have to abandon your desire to become a US citizen.

Until you become a US citizen, you are only a permanent resident. If you apply and tell USCIS that you live in Mexico and plan to stay there, you are effectively informing them that you have decided to abandon your permanent resident status. The fact that you have reached the point that you can apply for citizenship does not change that.

Edited November 15, 2014 by JimmyHou

[alix 20]

You can't apply from Mexico. I really think you should consult with an immigration lawyer. I'm not sure if they still do that but you might have to apply for a reentry permit so you don't loose your GC.

If you apply now and keep a home here and keep coming back for biometrics and interview, pay your taxes, I don't see why you can't do it. You'd have to apply from here though.

Edited November 15, 2014 by alix

[JimmyHou 610]

You can't apply from Mexico. I really think you should consult with an immigration lawyer. I'm not sure if they still do that but you might have to apply for a reentry permit so you don't loose your GC.

If you apply now and keep a home here and keep coming back for biometrics and interview, pay your taxes, I don't see why you can't do it. You'd have to apply from here though.

He'll have to disclose that he's loving and working abroad on the N400 application and at the interview.

As you said, he can do certain things to maintain his greencard, but if he's working and loving abroad he cannot file for naturalization even if he maintains a secondary residence here in the US.

He can come back for his biometrics and his interview but when they ask him where he works and when they look at his travel history and see that he doesn't live in the US, they'll deny his application.

[Soyz 0]

I have would leave around mid December, I could apply from the US before I leave. I still live with my parents here in the US and they would receive the mail and letters.

I believe the company is an US Company too (they are registered here and in Mexico), would that help?

[alix 20]

I have would leave around mid December, I could apply from the US before I leave. I still live with my parents here in the US and they would receive the mail and letters.

I believe the company is an US Company too (they are registered here and in Mexico), would that help?

Again, consult a lawyer. If your contract is thru the U.S. company, then things might be easier.

[JimmyHou 610]

I have would leave around mid December, I could apply from the US before I leave. I still live with my parents here in the US and they would receive the mail and letters.

I believe the company is an US Company too (they are registered here and in Mexico), would that help?

When you apply only matters when it comes to meeting the rule that you have to have lived in the state in which you apply for 90 days before you file.

But at your interview, you'll be asked if there have been any changes to your employment or addresses.

The fact that it is a US company may make a small difference, but that is generally helpful in allowing you to maintain your green card or to apply for citizenship once your return.

Personally, I have a friend whose American employer sent him to Australia for a 1 year assignment. He applied for naturalization while he was there. He owned a house in the US and flew back every four months. He flew back for all his N400 appointments and after the interview he was denied.

He got a lawyer and appealed the decision and 8 months after his first interview he was approved. However, during those 8 months, he had finished his oversees assignment and moved back permanently to the US.

So we're not sure if they approved him because he was once again living in the US (he made sure to go in for an Infopass and let them know he had moved back) or if they would have approved him anyway.

His case was also different because he was only moving abroad temporarily and never intended to not be a permanent resident of the US; you seem ready to abandon that status. I may have misunderstood, but I didn't think that you were talking about a temporary move. If it IS temporary, that may help with the process. You can state that your permanent residence is in the US and that your are only abroad for an assignment. That may or may not work.

Every case is different and I wouldn't take the example of my friend as the only way things could work out, but please understand that if you apply from abroad, you should expect a difficult application process with a significant (but not certain) chance of denial.

If you intend to return in a few years, apply for a reentry permit, and when you come back you can start re-accruing time towards your citizenship.

I think many of us here would advise you to think carefully about whether a job is worth risking US citizenship, but each person values these things differently. Personally, I'd pass on the job no matter how good it was, but again, we all have different histories that led us here.

One last thing, if your parents are here and if they are. US citizens, you may be able to get another green card through them some day. Also, if your employer asks you to move back some day, then you can get them to get you a new greencard if you lose yours over the next few years.

I hope this was helpful.

Edited November 15, 2014 by JimmyHou

[kcoyclay1 98]

I have would leave around mid December, I could apply from the US before I leave. I still live with my parents here in the US and they would receive the mail and letters.

I believe the company is an US Company too (they are registered here and in Mexico), would that help?

4) Avoid trips over 6 months

When a resident takes trips outside the U.S.lasting between 6 months and 1 year, at the naturalization interview, the resident has the burden of overcoming the presumption of the loss of residence. See INA § 316(b). Factors which help establish continuity of residence are: (1) not terminating employment in theU.S., (2) presence of immediate family in theU.S., (3) keeping full access to your U.S. home (don’t rent out your house), (4) not obtaining employment abroad. Since trips between 6 months and 1 year require a lot more documentation for the naturalization application, I typically advise avoiding any trip over 6 months.

5) No absence of longer than one year (unless given an exception)

An absence of one year or more automatically disrupts residency for naturalization purposes, unless an exception applies. See 8 C.F.R. § 316.5©(1)(ii).

One of the exceptions to the disruption of residency for naturalization is when a resident works for a U.S.employer abroad. If you already have more than 1 year of physical presence after receiving your residency status, and you want to work abroad for a U.S.company you may be allowed to file a Form N-470 to prevent your disruption of residency. You must show the U.S.company is engaged in the development of foreign trade and commerce, See INA § 316(b) – ©. In order to qualify for the exception as an employee of a privateU.S. employer, you will need to show either:

(a) Your employer is a subsidiary of aU.S.company, where more than 50% of stock is owned by theU.S.company, or,

(b) Your employer is a publicly held corporation that is incorporated in theU.S.and trades stock exclusively onU.S.exchanges, or,

© Your employer does not trade exclusively on theU.S.stock market, but 51% of ownership isU.S.

Moving abroad to work for a private non-U.S. employer will require the resident to follow all of the abandonment and preserving naturalization rules outlined above.

Edited November 15, 2014 by kcoyclay1

[Soyz 0]

The city I would be living at is close to the US Border and I would have 3 days a week off of work, I could fly/drive to the US at least once a month, would that help not to lose the permanent resident status instead of applying for the citizenship.

I'm not leaving permanently, it's just part of the job moving to Mexico and then there is a possibility of a raise and moving to their US offices after 1-2 years.

Also, i would be receiving money from a company to my US bank account and pay taxes to it, if that helps.

Edited November 15, 2014 by Soyz

[kcoyclay1 98]

The city I would be living at is close to the US Border and I would have 3 days a week off of work, I could fly/drive to the US at least once a month, would that help not to lose the permanent resident status instead of applying for the citizenship.

I'm not leaving permanently, it's just part of the job moving to Mexico and then there is a possibility of a raise and moving to their US offices after 1-2 years.

Also, i would be receiving money from a company to my US bank account and pay taxes to it, if that helps.

Exceptions

Section 316 paragraphs (b), ©, and of the Immigration and Nationality Act allows for certain exceptions to the continuous residence requirement for those applicants working abroad for:

• The United States government, including the Military
• Contractors of the United States government
• A recognized American institution of research (List of Recognized American Institutions of Research and Other Recognized Organizations)
• A public international organization
• An organization designated under the International Immunities Act

If you seek to preserve your continuous residence for naturalization purposes while employed abroad by one of these recognized institutions you must file Form N-470, Application to Preserve Residence for Naturalization Purposes with USCIS.

An organization may obtain USCIS recognition as an American institution of research for the purpose of preserving the continuous residence status of its employees who are, or will be, naturalization applicants assigned abroad for an extended period of time. The requesting organization should follow the instructions found on the Requesting Recognition as an American Institution of Research page.

I think you have to be assigned abroad not seeking a job abroad.

Edited November 15, 2014 by kcoyclay1

[Soyz 0]

Exceptions

Section 316 paragraphs (b), ©, and of the Immigration and Nationality Act allows for certain exceptions to the continuous residence requirement for those applicants working abroad for:

• The United States government, including the Military
• Contractors of the United States government
• A recognized American institution of research (List of Recognized American Institutions of Research and Other Recognized Organizations)
• A public international organization
• An organization designated under the International Immunities Act

If you seek to preserve your continuous residence for naturalization purposes while employed abroad by one of these recognized institutions you must file Form N-470, Application to Preserve Residence for Naturalization Purposes with USCIS.

An organization may obtain USCIS recognition as an American institution of research for the purpose of preserving the continuous residence status of its employees who are, or will be, naturalization applicants assigned abroad for an extended period of time. The requesting organization should follow the instructions found on the Requesting Recognition as an American Institution of Research page.

I think you have to be assigned abroad not seeking a job abroad.

and apparently it has to be mostly employed with the government or research institution. I think the best thing I can do is apply for the re-entry permit, I will have to talk to my immigration lawyer though.

Thank you very much for the help guys!

[kcoyclay1 98]

I just got offered a job in Mexico for 2 years, I have been a permanent resident for more than five years and fulfilled the requirements but never really got to applying for citizenship (bc I'm an idiot)...

Do you think I can send my application before I leave to Mexico and then when I get my call I can fly back to the US and take the oath? Or that can't be done?

It's a really good job offer than can't be refused and the opportunity of a lifetime, but I worked hard to get my green card as well and I don't want to lose it!

Hope you guys can help me out please :-)

Sorry to be bombarding you with so much information. Just trying to help. Found this on the USCIS website.

D. Preserving Residence for Naturalization (​Form N-470​)​

​

Certain applicants​ ^[17] may seek to preserve their residence for an absence of one year or more to engage in qualifying employment abroad.​ ^[18] Such applicants must file an Application to Preserve Residence for Naturalization Purposes (​Form N-470​) in accordance with the form instructions.​

​

In order to qualify, the following criteria must be met:​

​

The applicant must have been physically present in the ​United States​ as an LPR for an uninterrupted period of at least one year prior to working abroad.​

​

The application may be filed either before or after the applicant’s employment begins, but before the applicant has been abroad for a continuous period of one year.​ ^[19]

​

In addition, the applicant must have been:​

​

Employed with or under contract with the U.S. Government or an American institution of research​ ^[20] recognized as such by the Attorney General;​

​

Employed by an American firm or corporation engaged in the development of U.S. foreign trade and commerce, or a subsidiary thereof if more than 50 percent of its stock is owned by an American firm or corporation; or​

​

Employed by a public international organization of which the ​United States​ is a member by a treaty or statute and by which the applicant was not employed until after becoming an LPR.​ ^[21]

​

The applicant’s spouse and dependent unmarried sons and daughters are also entitled to such benefits during the period when they were residing abroad as dependent members of the principal applicant’s household. The application’s approval notice will include the applicant and any dependent family members who were also granted the benefit.​

​

The approval of an application to preserve residence does not relieve an applicant (or any family members) from any applicable required period of physical presence, unless the applicant was employed by, or under contract with, the U.S. Government.​ ^[22] ​

​

In addition, the approval of an application to preserve residence does not guarantee that the applicant (or any family members) will not be found, upon returning to the United States, to have lost LPR status through abandonment.​ ​USCIS may find that an applicant who claimed special tax exemptions as a nonresident alien to have lost LPR status through abandonment. The applicant may overcome that presumption with acceptable evidence establishing that he or she did not abandon his or her LPR status.​ ^[23] ​

​

Approval of an application to preserve residence also does not relieve the LPR of the need to have an appropriate travel document when the LPR seeks to return to the United States.​ ^[24] A PRC card, generally, is acceptable as a travel document only if the person has been absent for less than one year.​ ^[25] If an LPR expects to be absent for more than one year, the LPR should also apply for a reentry permit.​ ​The LPR must actually be in the United States when he or she applies for a reentry permit.​ ^[26]

​

[Soyz 0]

Sorry to be bombarding you with so much information. Just trying to help. Found this on the USCIS website.

D. Preserving Residence for Naturalization (​Form N-470​)​

​

Certain applicants​ ^[17] may seek to preserve their residence for an absence of one year or more to engage in qualifying employment abroad.​ ^[18] Such applicants must file an Application to Preserve Residence for Naturalization Purposes (​Form N-470​) in accordance with the form instructions.​

​

In order to qualify, the following criteria must be met:​

​

The applicant must have been physically present in the ​United States​ as an LPR for an uninterrupted period of at least one year prior to working abroad.​

​

The application may be filed either before or after the applicant’s employment begins, but before the applicant has been abroad for a continuous period of one year.​ ^[19]

​

In addition, the applicant must have been:​

​

Employed with or under contract with the U.S. Government or an American institution of research​ ^[20] recognized as such by the Attorney General;​

​

Employed by an American firm or corporation engaged in the development of U.S. foreign trade and commerce, or a subsidiary thereof if more than 50 percent of its stock is owned by an American firm or corporation; or​

​

Employed by a public international organization of which the ​United States​ is a member by a treaty or statute and by which the applicant was not employed until after becoming an LPR.​ ^[21]

​

The applicant’s spouse and dependent unmarried sons and daughters are also entitled to such benefits during the period when they were residing abroad as dependent members of the principal applicant’s household. The application’s approval notice will include the applicant and any dependent family members who were also granted the benefit.​

​

The approval of an application to preserve residence does not relieve an applicant (or any family members) from any applicable required period of physical presence, unless the applicant was employed by, or under contract with, the U.S. Government.​ ^[22] ​

​

In addition, the approval of an application to preserve residence does not guarantee that the applicant (or any family members) will not be found, upon returning to the United States, to have lost LPR status through abandonment.​ ​USCIS may find that an applicant who claimed special tax exemptions as a nonresident alien to have lost LPR status through abandonment. The applicant may overcome that presumption with acceptable evidence establishing that he or she did not abandon his or her LPR status.​ ^[23] ​

​

Approval of an application to preserve residence also does not relieve the LPR of the need to have an appropriate travel document when the LPR seeks to return to the United States.​ ^[24] A PRC card, generally, is acceptable as a travel document only if the person has been absent for less than one year.​ ^[25] If an LPR expects to be absent for more than one year, the LPR should also apply for a reentry permit.​ ​The LPR must actually be in the United States when he or she applies for a reentry permit.​ ^[26]

​

The more information I can get the better, I really appreciate your help!

I have been living in the US for 12 years now, it took about 6 years to get the green card and I've had it for about 6... I would qualify for that if the company I'm going to is owned by an American company, I will look into that!

Thank you very much!