Applied for Citizenship, but currently in India for extended period 5+ months

[G_One 10]

Hi All,

 

I am into a unique situation. I have applied for Citizenship (I have already met the residency requirement when I applied for citizenship) and after that I traveled to India. I have already stayed in India for 5 Months, and I have a return ticket in few days. However my personal commitments have not completed in India, for which I have to come back again in few months or stay in India for couple of months and then return to US.

I was thinking that If I stay in India for about 3 more months, like 8 months or so altogether (But strictly less than 1 year), and postpone the travel for 3 months to avoid unnecessary covid exposure while traveling. Also meanwhile the Covid wave in India settles down here and my elderly father and sister who are alone in India have my support, just in case there is any covid issue at my home in India.

 

1) So my question is what are the consequences of staying for 8 Months outside India with regards to my next Port of Entry & CBP Interview ?

2) Secondly What about my citizenship application, would it be void, what would be the effect on my N400 status ?

3) 8 months will break the continuity of residency requirement for citizenship, but would I really need the continuity now as I already applied for N400 ?

 

Please Help

Edited May 24, 2021 by G_One

[guys 24]

1 hour ago, G_One said:

Hi All,

 

I am into a unique situation. I have applied for Citizenship (I have already met the residency requirement when I applied for citizenship) and after that I traveled to India. I have already stayed in India for 5 Months, and I have a return ticket in few days. However my personal commitments have not completed in India, for which I have to come back again in few months or stay in India for couple of months and then return to US.

I was thinking that If I stay in India for about 3 more months, like 8 months or so altogether (But strictly less than 1 year), and postpone the travel for 3 months to avoid unnecessary covid exposure while traveling. Also meanwhile the Covid wave in India settles down here and my elderly father and sister who are alone in India have my support, just in case there is any covid issue at my home in India.

 

1) So my question is what are the consequences of staying for 8 Months outside India with regards to my next Port of Entry & CBP Interview ?

2) Secondly What about my citizenship application, would it be void, what would be the effect on my N400 status ?

3) 8 months will break the continuity of residency requirement for citizenship, but would I really need the continuity now as I already applied for N400 ?

 

Please Help

1. use global entry to avoid such interview, so no consequences, cos less contact. u just tap global entry, show the receipt to cbp and go,,done, 

2. no, and have you had the schedule for interview. 

3. well, this one i'm not sure, coz u will stay outside for 8 mount continuously. in my case, in total 5 years, i was out for almost 11 mount, but never travel more than 6 mount in a year that is longest that i had. 

 

some people say if u have ties with united, so it doesn't matter, such as house, job,

anyway, CMIWW, 

 

 

 

[arken 4,197]

1. Yes you could face issues at the POE regarding the extended stay, however, if you have some valid reasons they will let you in since if it's less than one year.

 

2 and 3. Your N400 won't be void but you will be presumed to break the continuous residency during the interview. If you bring sufficient evidences of maintaining residency in the US during those months, your citizenship could be approved. Evidences could be utility bills, bank statements, tax return, immediate relative in the US and such.

[SusieQQQ 11,587]

1 hour ago, arken said:

1. Yes you could face issues at the POE regarding the extended stay, however, if you have some valid reasons they will let you in since if it's less than one year.

 

2 and 3. Your N400 won't be void but you will be presumed to break the continuous residency during the interview. If you bring sufficient evidences of maintaining residency in the US during those months, your citizenship could be approved. Evidences could be utility bills, bank statements, tax return, immediate relative in the US and such.

This. You need to meet the continuous residence requirement all the way until you take the oath, but if you are out for less than one year you are only “presumed” to have broken continuous residence and can overcome that with proof of ties.

 

 

3 hours ago, guys said:

 

 

some people say if u have ties with united, so it doesn't matter, such as house, job,

 

OP should never rely on what “some people say” when one can get the facts directly from USCIS. Scroll down to the section regarding an absence of more than 6 months but less than one year, and you can see they talk about this and the types of ties you can show https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3

[guys 24]

1 hour ago, SusieQQQ said:

This. You need to meet the continuous residence requirement all the way until you take the oath, but if you are out for less than one year you are only “presumed” to have broken continuous residence and can overcome that with proof of ties.

 

 

OP should never rely on what “some people say” when one can get the facts directly from USCIS. Scroll down to the section regarding an absence of more than 6 months but less than one year, and you can see they talk about this and the types of ties you can show https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3

Dang

lucky I didn’t get OP just like how u tot, if I had, may be I will fail 😬😬😂😂

[SusieQQQ 11,587]

2 hours ago, guys said:

Dang

lucky I didn’t get OP just like how u tot, if I had, may be I will fail 😬😬😂😂

What?

[SusieQQQ 11,587]

The most dangerous words I’ve seen on this forum:

 

“somebody told me”

“some people say” 

“I heard”

“I read on the internet”

 

There is almost always an official source for the information you’re looking for 

[arken 4,197]

11 hours ago, guys said:

1. use global entry to avoid such interview, so no consequences, cos less contact. u just tap global entry, show the receipt to cbp and go,,done, 

 

And that's when the kiosk prints the receipt with a big X and you need to get interviewed like everyone else. I bet CBP isn't foolish enouh to have people bypass immigration issues just cuz they have global entry.

[guys 24]

41 minutes ago, arken said:

And that's when the kiosk prints the receipt with a big X and you need to get interviewed like everyone else. I bet CBP isn't foolish enouh to have people bypass immigration issues just cuz they have global entry.

You are right the CBP is not a foolish enough, 

as my experience the receipt with big X because i have the item to declare. That’s it and  no question how long have you been outside. Mostly in Secondary checking  Only related to or what the item is brought along with my bag. 🤪

[Boiler 45,952]

They know how long you have been gone but still ask, well I was asked.

[SusieQQQ 11,587]

4 hours ago, guys said:

You are right the CBP is not a foolish enough, 

as my experience the receipt with big X because i have the item to declare. That’s it and  no question how long have you been outside. Mostly in Secondary checking  Only related to or what the item is brought along with my bag. 🤪

I've gotten Xs twice at the global entry booth to check in with the immigration official (not customs). The second time the guy figured out something had not been entered properly by the agent that initially enrolled me. Not the same situation but you absolutely can get an X that is marked for immigration official to question you at GE.

 

 

Edited May 25, 2021 by SusieQQQ