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Posted by Tatiana B. Durbak on January 31, 2002 at 20:08:21:
In Reply to: Pending application for Naturalization posted by Сергій on January 29, 2002 at 23:19:55:
: Does anybody know if the person who filed an application for Naturalization (N-400) could legally leave the USA for an extended period of time to work or study abroad. Would this render the person inappropriate for the Naturalization? Would this invalidate years of the continual permanent residency?
: Thanks in advance for your kind answers.
: Сергій
You can leave the USA w/o interfering w/ your N-400 application, as long as:
1) this does not cause you to have less than the required amount of physical presence at the time of the interview; AND
2) you do not intend to give up your residence in the US (this means maintaining a home here or a job from wh/ you are taking a leave of absence if the absence is going to be prolonged); AND
3) you do not stay abroad more than one year (this will interrupt the period of residence, even w/ a re-entry document).
Generally, the smart thing to do is to return before 6 months are up. You can leave again, if you need to. The reason that 6 months is important is that after a 6 month (or longer) absence, a person is considered an "applicant for admission" and not a "returning resident," and this can cause complications.
Also, remember that the physical presence requirement is calculated at 3 points in time -- the time of filing; the time of the interview; and the time of the oath cerremony. At each point, you must have physical presence amounting to half the time required for citizenship (counting backwards from each point).
Good luck.