Can I apply for citizenship and file my N400 if I am currently outside the US but I meet all the requirements to apply?

Asked 10 months ago - Paterson, NJ

Can I apply for citizenship and file my N400 if I am currently outside the US but I meet all the requirements to apply?

Attorney answers (5)

  1. Irene Vaisman

    Contributor Level 20

    2

    Lawyers agree

    Answered . I agree with Mr. Carlin

    This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.
  2. Michael Hugh Carlin

    Contributor Level 18

    2

    Lawyers agree

    1

    Answered . I respectfully disagree with my esteemed colleagues. The answer to the question depends on your history of RESIDENCE in the United States during certain specific periods of time. RESIDENCE is not to be confused with PHYSICAL PRESENCE in the United States. They are two different things that are often confused.

    You do not provide enough information to determine whether or not you are eligible to apply for naturalization. I suggest that you consult with an experienced immigration attorney and discuss your situation in detail to determine your best options.

    (734) 369-3131. This communication does not establish and attorney-client relationship with the Law Office of... more
  3. Stephen D. Berman

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . No.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an... more
  4. Miroslava Orduno Rincon

    Contributor Level 14

    1

    Lawyer agrees

    Answered . I agree with Mr. Berman, since you actually do not meet all the requirements.

    "Before you apply for naturalization, you must meet a few requirements. Depending on your situation, there are different requirements that may apply to you. However, generally, an applicant for naturalization must:

    • Be 18 years old or older at the time of filing Form N-400, Application for Naturalization.

    • Be a lawful permanent resident (have a “green card”).

    • Demonstrate continuous permanent residence in the United States for at least 5 years. (In some cases, this may be 3 years if you are married to a U.S. citizen.)

    • Show that you have been physically present in the United States for 30 months. (In some cases, this may be 18 months if you are married to a U.S. citizen.)

    • Show that you have lived for at least 3 months in the state or USCIS district where you claim residence."

    http://www.uscis.gov/USCIS/Office%20of%20Citize...

    Specifically, the issue with your fact scenario is the last bullet point above.

    This information is provided as a courtesy based upon the limited information provided in your post and does not... more
  5. Ayhan Ogmen

    Contributor Level 6

    Answered . No, you need to be in the US in order to file the application. Please consult with an attorney to make sure if you comply with the dates required including physical residency.

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