Outside the US - Postponing of Naturalization Interview and Oath Taking Ceremony

[Thanks4answer 0]

Hello,

My mother has received her interview date however she is out of the country and cannot return in time for the interview as she is getting her apartment there renovated. She has lined up the contractors, ordered the material etc which she cannot leave unattended.

I am posting to see if anyone has requested to reschedule their interview because they were out of the country, and if being out of the country was accepted as "good cause". Is the above reason enough of a "good cause" in your opinion? I've heard they can cancel the N400 application if they determine it to not be "good cause". Is this true?

 

Also, has anyone had any success delaying the Oath Taking Ceremony due to travel plans? Can they cancel the application because of a delay request in that?

Thank you in advance!

Edited October 6, 2022 by Thanks4answer
added tags

[Rocio0010 5,579]

No, that is not a "good cause". Good cause are illnesses, travel conflicts, or an emergency. 

Yes, it is true that they postpone it indefinitely if there is not a "good cause".

 

If I were your mom, I would leave someone in charge of the apartment for the interview and the oath ceremony, fly to the US and get it done and over with.

 

How long has she been out of the country?

[Timona 4,207]

You can reschedule. Problem is, with massive backlogs, it may take time to get a new date and you'll still be in USCIS drama...is it worth being in that loop? My answer is NO. So, I'd do anything to get rid of USCIS.

 

You're being given an opportunity to get out of it. I'd rather not delay it

[Mike E 11,740]

1 hour ago, Thanks4answer said:

My mother has received her interview date however she is out of the country and cannot return in time for the interview as she is getting her apartment there renovated

Since the day she filed N-400,

 

1. how many days has she spent outside the USA 

2. how many days has she spent inside the USA 

3. has she been absent 181 days or more

?

[Thanks4answer 0]

28 minutes ago, Mike E said:

Since the day she filed N-400,

 

1. how many days has she spent outside the USA 

2. how many days has she spent inside the USA 

3. has she been absent 181 days or more

?

Hi Mike. The application was mailed on May 19th. She exited the US mid Aug after her biometric and has been there since. So approx 4 months in the US after filing and 1.5 months outside. She has not been absent for 181 days. 

 

Does the number of days in the US after the application have an impact? Thanks for the response 

[Mike E 11,740]

Just now, Thanks4answer said:

Hi Mike. The application was mailed on May 19th. She exited the US mid Aug after her biometric and has been there since. So approx 4 months in the US after filing and 1.5 months outside. She has not been absent for 181 days. 

 

Does the number of days in the US after the application have an impact? Thanks for the response 

Legally after she files N-400 she has to maintain continuous residence in the USA.  This means, at minimum, spending the majority of her time in the USA. She has spent roughly 120 of 165 days in the USA so far she is fine.  

[Thanks4answer 0]

1 hour ago, Rocio0010 said:

No, that is not a "good cause". Good cause are illnesses, travel conflicts, or an emergency. 

Yes, it is true that they postpone it indefinitely if there is not a "good cause".

 

If I were your mom, I would leave someone in charge of the apartment for the interview and the oath ceremony, fly to the US and get it done and over with.

 

How long has she been out of the country?

Thanks for the response Rocio. You mentioned "travel conflict" being a good cause. Wouldn't having travel plans and pre-booked flights before receiving the interview letter be considered a travel conflict? 

 

Our issue is that even if she left someone in charge at the apartment, she may be asked to take the oath soon after (sometimes same day) in which she will need to submit her green card and would be unable to travel till her new passport then arrives. Your thoughts? 

 

 

[Thanks4answer 0]

25 minutes ago, Mike E said:

Legally after she files N-400 she has to maintain continuous residence in the USA.  This means, at minimum, spending the majority of her time in the USA. She has spent roughly 120 of 165 days in the USA so far she is fine.  

So that's interesting. I haven't seen anywhere that says she has to be in the US after her application, other than the 180 day restriction on thr GC. See link below,

 

https://www.stilt.com/blog/2020/07/can-i-travel-after-filing-the-u-s-citizenship-application/#:~:text=Submitting Form N-400%2C Application,are still a permanent resident.

 

Can you tell me more about that please since if we do decide to put in a postponement letter, she would be returning in Jan (just shy of 150 days approx) outside. 

[Mike E 11,740]

Stilt is invalid source of immigration information. The error rate is too high there that I no longer visit that web site. It appears to me Stilt’s primary business is lending money 
 

https://www.law.cornell.edu/cfr/text/8/316.2

 

“(6) Has resided continuously within the United Statesfrom the date of application for naturalization up to the time of admission to citizenship;”

 

Spending the majority of one’s time outside the USA after filing N-400 is not consistent residing continuously in the USA 

 

Also: 

 

“(5) Immediately preceding the filing of an application, or immediately preceding the examination on the application if the application was filed early pursuant to section 334(a) of the Act and the three month period falls within the required period of residence under section 316(a) or 319(a) of the  Act, has resided, as defined under § 316.5, for at least three months in a State or  Service district having jurisdiction over the applicant's actual place of residence;”

 

Spending the majority of the three month period prior to the interview away the state of residence or the USCIS field district is not consistent with residing in said place for 3 continuous months.   

 

 

 

 

 

Edited October 6, 2022 by Mike E