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Citizenship guidance ...Please advise !!!!!

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  • Citizenship guidance ...Please advise !!!!!

    I (including my wife) have been a permanent resident for 4 Yr 9 months so far. I will be eligible to apply for citizenship next week.

    But my company (USA company) has asked me to work in India for an year (or two) to support one of our customers in India. My comapny wants me to relocate to India in a month. But I have asked my company to file my citizenship before I relocate to India.

    But my immigration lawyer has mentioned that I cannot apply for citizenship and leave the country right after that. According to the lawyer I should reside in USA until my N400 application gets approved (which might take 5-6months). My lawyer suggests that I take a re-entry permit to preserve the permanent resident status and after I get back from India then apply for the citizenship. I completely dislike their suggestion. I don't want to delay filing my N400 and at the same time I donot want to loose this oppurtunity of relocating to India.

    Did any one of you hear this ... that you have stay in USA after applying N400 ?

    What do you suggest ? Did anyone run into this situation ? Are there any other alternatives ?


    thanks
    MKR.

  • #2
    Originally posted by mkr
    I (including my wife) have been a permanent resident for 4 Yr 9 months so far. I will be eligible to apply for citizenship next week.

    But my company (USA company) has asked me to work in India for an year (or two) to support one of our customers in India. My comapny wants me to relocate to India in a month. But I have asked my company to file my citizenship before I relocate to India.

    But my immigration lawyer has mentioned that I cannot apply for citizenship and leave the country right after that. According to the lawyer I should reside in USA until my N400 application gets approved (which might take 5-6months). My lawyer suggests that I take a re-entry permit to preserve the permanent resident status and after I get back from India then apply for the citizenship. I completely dislike their suggestion. I don't want to delay filing my N400 and at the same time I donot want to loose this oppurtunity of relocating to India.

    Did any one of you hear this ... that you have stay in USA after applying N400 ?

    What do you suggest ? Did anyone run into this situation ? Are there any other alternatives ?


    thanks
    MKR.

    as long as you and your spouse can come to USA for your
    - fingerprint appt
    - interview
    - oath
    one can visit outside USA but typically not in stretches of more than
    5 months every time.. also remember that regardless of the fact that
    you and your spouse apply together for citizenship, the chances of
    both you getting called for fingerprint, interview and oath on
    the same date is very close to 2-5%..

    In most cases, all cases are separated and then on they follow their
    own timelines depending on who is processing your individual
    applications..

    Also after the oath, you will need to apply for a US passport, and
    then get an Indian visa or PIO or OCI whatyou prefer before you
    which you will not be able to travel back from USA to India,

    If you are going to remain outside USA for more than 6 months,
    a re-entry permit is the preferred way. So regardless of whether you
    file now or later, as long as you can satisfy all the above conditions,
    you are fine but if not, I would rather wait until you are sure you
    are going to be in USA for a period of 8 months - 1 yr (normal time it takes
    for processing citizenship unless you get stuck in namecheck wherein
    it takes 2-3-4-5 years even...)

    good luck !!!

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