I am in the process of applying for citizenship, but before I do, I would like to know, if international travel is permitted while the case is still pending. I have family abroad who I intended on visiting,but due to me now knowing how long the total processing time for my case might be, I was wondering,if I have to delay my travel plans for this summer?
Generally, a Lawful Permanent Resident (holder of a "Green Card") may travel internationally while his/her naturalization application is pending. At the time of the naturalization examination/interview, it will be necessary to identify the recent travel, but unless the additional days of absence disqualifies the applicant for failing to meet the "physical presence" requirements, it should be problem-free.
If an applicant is scheduled for a naturalization examination/interview while he/she is out of the country, the USCIS Atlanta Field Office is generally pretty cooperative about rescheduling to another date. In seeking rescheduling, evidence of the applicant's absence and scheduled return date should be supplied. If the applicant is represented by an immigration attorney, the attorney should receive a copy of the Notice scheduling the examination/interview, so a rescheduling request may be made, and the immigration attorney could submit a request to reschedule through the formal Liaison process between the USCIS and the American Immigration Lawyers Association.
At the time of filing the Form N-400 Naturalization Application, the applicant could identify the dates he/she will be out of the country and ask to be scheduled for an examination/interview upon return. One may NOT, however, count upon the USCIS taking that request into consideration.
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David N. Soloway
Frazier, Soloway & Poorak, P.C.
1800 Century Place, Suite 100
Atlanta, Georgia 30345 www.fspklaw.com
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