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Potential N-400 eligibility issue

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  • Potential N-400 eligibility issue

    I might be in a dilemma here, I'm looking for some advice as to my best path forward.

    I'm a Canadian citizen married to an American citizen, we've been living in the US for around 10 years now, I have had a permanent resident card for most of those 10 years. We are planning on moving to Canada to be closer to a family member with Alzheimer's disease. My wife has her Canadian permanent resident stuff now, we are clear on the Canadian side, but I'm realizing that I may have made a mistake in not seeking my US citizenship. It's mostly been laziness on my part since I haven't been interested enough the benefits of citizenship in comparison to permanent residency (i.e. voting, running for office, family sponsorship, etc.), but since we will likely be in Canada long enough for my permanent resident card to be up for renewal where we won't be fulfilling US residency requirements, I certainly don't want to have to give up my legal status in the US.

    I found the following info:

    Requirement No. 3: Continuous Residence After Submitting N400 Application

    The applicant must continuously reside in the U.S. from the date of filing the N400 naturalization application until the oath ceremony. INA § 316 (a)(2).

    Continuous residence does not mean that the naturalization applicant must remain in the U.S. during the entire period while he is waiting for his N400 application to be processed. Generally, it means that he cannot reside or move to another country while waiting for the USCIS to decide about his N400 application. Thus, an applicant can make temporary visits while the N400 is pending, as long as he has evidence such as proof that he maintained his home in the U.S., filed U.S. tax returns, retained his employment in the U.S., etc.
    I have read that the N400 can take up to a year until the oath ceremony, we were hoping in moving to Canada late summer. What sorts of things can I do to retain my eligibility while this is being processed, short of postponing our move? I have contract work in the US which I'll keep, and of course we will file this year's taxes. We won't sell our US home immediately either. Will this be enough? If not, can I take "temporary visits" to Canada without creating red flags?

    Any advice here? It should *suck* to be back at square one should we ever decide to move back to the US.
    Last edited by besson3c; 04-20-2014, 06:49 PM.

  • #2
    I should also add that we'll have plenty of investments and money left in the US for the foreseeable future as well.

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    • #3
      Apply for a re-entry permit. It takes a few weeks max. You can get it even quicker if you request expedited processing and cite family illness as the reason for your travel. With a re-entry permit, you're good for two years.

      I juggled US and Canadian PR for a while. In most areas other than major cities, a routine N-400 application for naturalization takes about five months from the day you send in your application to the day you become a citizen. Mine was five months and three days. It's a lot faster than the Canadian citizenship application.

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      • #4
        Originally posted by Harry Callahan View Post
        Apply for a re-entry permit. It takes a few weeks max. You can get it even quicker if you request expedited processing and cite family illness as the reason for your travel. With a re-entry permit, you're good for two years.

        I juggled US and Canadian PR for a while. In most areas other than major cities, a routine N-400 application for naturalization takes about five months from the day you send in your application to the day you become a citizen. Mine was five months and three days. It's a lot faster than the Canadian citizenship application.

        So, apply for the N400 now, and apply for a re-entry permit to come back for the oath ceremony?

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        • #5
          Originally posted by besson3c View Post
          So, apply for the N400 now, and apply for a re-entry permit to come back for the oath ceremony?
          No, don't do that. You can't really apply for naturalization while outside of the country. Even if you come back for your biometric appointment and interview, they ask you in writing at several points in the process, all the way up to the day you naturalize, whether you have ever left the country since the last time they asked. Lying in your responses is very bad, and if you tell the truth, there will be red flags everywhere.

          You have two options. One option is to get the re-entry permit, leave for two years, and don't worry about naturalization until 2020 which is about when you'll be eligible again. If you need to stay in Canada longer, the re-entry permit can be renewed. Continuous renewals raise red flags, but I'm sure a five-year period to care for a dying relative is within reasonable bounds. Do note that you have to return to the US to renew the re-entry permit.

          The other option is to apply for naturalization right now, and hope that you get it in five months, which if that is the case would let you leave around October 1. This is a little later than you wanted but not too far off from your original plans. I don't know if that will work for you.

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          • #6
            Originally posted by Harry Callahan View Post
            No, don't do that. You can't really apply for naturalization while outside of the country. Even if you come back for your biometric appointment and interview, they ask you in writing at several points in the process, all the way up to the day you naturalize, whether you have ever left the country since the last time they asked. Lying in your responses is very bad, and if you tell the truth, there will be red flags everywhere.

            You have two options. One option is to get the re-entry permit, leave for two years, and don't worry about naturalization until 2020 which is about when you'll be eligible again. If you need to stay in Canada longer, the re-entry permit can be renewed. Continuous renewals raise red flags, but I'm sure a five-year period to care for a dying relative is within reasonable bounds. Do note that you have to return to the US to renew the re-entry permit.

            The other option is to apply for naturalization right now, and hope that you get it in five months, which if that is the case would let you leave around October 1. This is a little later than you wanted but not too far off from your original plans. I don't know if that will work for you.

            The second option could work, and certainly seems a lot easier. Is there a way for N-400 applications to be expedited so that the processing time is closer to 3 months than 5 months?

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            • #7
              Originally posted by besson3c View Post
              The second option could work, and certainly seems a lot easier. Is there a way for N-400 applications to be expedited so that the processing time is closer to 3 months than 5 months?
              Nope, everyone gets the same treatment when it comes to N-400 processing. The only thing you can expedite is your passport application, after you get citizenship.

              Look up the processing times for N-400 applications at https://egov.uscis.gov/cris/processTimesDisplayInit.do to see if their timeline will work for you. However, those processing times are trailing times, and processing times moving forward from today may not be identical.

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