N400 while stranded overseas!

[Imperium 81]

Hi, 

I have been an LPR since Oct 2014. I was eligible for naturalization under a 3 year ( other than marriage) rule but I never applied. 
In December 2020, I had to travel to my home country because of a COVID related death in family. I have been in my home country since December 2020 while caring for my aged parents. I had a return ticket for May 7 but flight to US was canceled. Couple days later on 12th May, Emirates suspended all flight operations from my home country due to COVID restrictions. 
 

Emirates will resume flights from June 19, 2021. 
 

Unfortunately until then I would accumulate 198 days outside the US due to this COVID flight suspension. That would break my continuous residency for naturalization. Since I had been outside the US for198 days by the time I would return to the US, this will make me reestablish a physical presence in the US. 
I wanted to ask;

 

1- Can I apply for N400 while outside the US to avoid breaking the continuation of residency 3 years or five years?

 

2- how will I answer the question about “trip outside the US” since I am still overseas and will return next month ( a future date).

 

3- Should I list my this address( overseas) on N400 since I am currently here?

 

Please guide on what would be the best route to take. thank you in advance!

[Imperium 81]

Anyone please!

[RasDig 13]

On 5/24/2021 at 11:45 AM, Imperium said:

Hi, 

I have been an LPR since Oct 2014. I was eligible for naturalization under a 3 year ( other than marriage) rule but I never applied. 
In December 2020, I had to travel to my home country because of a COVID related death in family. I have been in my home country since December 2020 while caring for my aged parents. I had a return ticket for May 7 but flight to US was canceled. Couple days later on 12th May, Emirates suspended all flight operations from my home country due to COVID restrictions. 
 

Emirates will resume flights from June 19, 2021. 
 

Unfortunately until then I would accumulate 198 days outside the US due to this COVID flight suspension. That would break my continuous residency for naturalization. Since I had been outside the US for198 days by the time I would return to the US, this will make me reestablish a physical presence in the US. 
I wanted to ask;

 

1- Can I apply for N400 while outside the US to avoid breaking the continuation of residency 3 years or five years?

 

2- how will I answer the question about “trip outside the US” since I am still overseas and will return next month ( a future date).

 

3- Should I list my this address( overseas) on N400 since I am currently here?

 

Please guide on what would be the best route to take. thank you in advance!

This is my 2cents not advise from a lawyer or anyone that has been in your current situation. Your best bet will be to consult an immigration lawyer.
 
physical presence - being physically in USA a total of 18 months (3yrs route) or 30 months (5yrs route). Example If you are applying based on 5 years, calculate all your travels within this period and if you have been in the US at least 30 months then you meet this requirement

 

continuous residence - Having a permanent dwelling place in the US and also resident at least 3 months in the state you are applying n400 from. Now a break in continuous residence is an LPR being out of the US for 6+ months but less than a year or being out of the US for more than 1 year. Looks like your case of the former and you have a good reason for being it. As per the USCIS manual below, if you can demonstrate ties to the US during the 6+ months you were away, then you maybe able to satisfy this continuous residence requirement. It’s totally at the discretion of USCIS officer though. Even though you are away for covid and family reasons which make total sense, you never know who you will get at the interview. 

 

 “However, an applicant may overcome the presumption of a break in the continuity of residence by providing evidence to establish that the applicant did not disrupt the continuity of his or her residence. Such evidence may include, but is not limited to, documentation that during the absence:^[14]

• The applicant did not terminate his or her employment in the United States or obtain employment while abroad;

• The applicant’s immediate family members remained in the United States; and

• The applicant retained full access to or continued to own or lease a home in the United States.

https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3

 

Now on to your questions. I’m sure you can file the N400 online anywhere outside the US but you don’t want to waste money in case you don’t satisfy some requirements and get denied later. 
 

1. I would apply the N400 6 months after you get back to the US. That makes up for any lost physical presence time requirement in case you need it.

2. you will have your all travel information for 5 years by time time you apply in the US.

3. I’m not sure you need to add your foreign address to n400. It’s all about your presence and ties to the US to satisfy citizenship requirements.

 

hope this helps. Good luck and stay safe.

[SusieQQQ 11,586]

nvm

Edited May 27, 2021 by SusieQQQ

[Imperium 81]

15 hours ago, RasDig said:

This is my 2cents not advise from a lawyer or anyone that has been in your current situation. Your best bet will be to consult an immigration lawyer.
 
physical presence - being physically in USA a total of 18 months (3yrs route) or 30 months (5yrs route). Example If you are applying based on 5 years, calculate all your travels within this period and if you have been in the US at least 30 months then you meet this requirement

 

continuous residence - Having a permanent dwelling place in the US and also resident at least 3 months in the state you are applying n400 from. Now a break in continuous residence is an LPR being out of the US for 6+ months but less than a year or being out of the US for more than 1 year. Looks like your case of the former and you have a good reason for being it. As per the USCIS manual below, if you can demonstrate ties to the US during the 6+ months you were away, then you maybe able to satisfy this continuous residence requirement. It’s totally at the discretion of USCIS officer though. Even though you are away for covid and family reasons which make total sense, you never know who you will get at the interview. 

 

 “However, an applicant may overcome the presumption of a break in the continuity of residence by providing evidence to establish that the applicant did not disrupt the continuity of his or her residence. Such evidence may include, but is not limited to, documentation that during the absence:^[14]

• The applicant did not terminate his or her employment in the United States or obtain employment while abroad;

• The applicant’s immediate family members remained in the United States; and

• The applicant retained full access to or continued to own or lease a home in the United States.

https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3

 

Now on to your questions. I’m sure you can file the N400 online anywhere outside the US but you don’t want to waste money in case you don’t satisfy some requirements and get denied later. 
 

1. I would apply the N400 6 months after you get back to the US. That makes up for any lost physical presence time requirement in case you need it.

2. you will have your all travel information for 5 years by time time you apply in the US.

3. I’m not sure you need to add your foreign address to n400. It’s all about your presence and ties to the US to satisfy citizenship requirements.

 

hope this helps. Good luck and stay safe.

Thank you so much, I think it would be reasonable to wait until after I return to the US to apply for naturalization!