Travel Plans After Filing N-400 (2024)

If you have filed Form N-400, Application for Naturalization, you may be wondering if you can travel abroad. The good news is that there are no restrictions on travel just because you've submitted Form N-400. As a green card holder, you are a permanent resident allowed to travel abroad even with a pending naturalization application. However, there are a few important things to keep in mind. First, you must still satisfy the residence and physical presence requirements to maintain your legal permanent resident status. Second, there are essential naturalization appointments that you must attend, including a biometrics appointment, a naturalization interview, and an oath ceremony, which can be rescheduled but may cause significant delays. Third, while there are no restrictions on travel, it is wise to remain in the U.S. until your application has been adjudicated to prevent avoidable delays.

Travel is permissible during the application process

There are no travel restrictions once you have filed your Form N-400, Application for Naturalization. This is because, as a green card holder, you are a permanent resident allowed to travel abroad even with a pending naturalization application.

However, you must still satisfy residence and physical presence requirements to maintain your legal permanent resident status within the U.S. For this reason, it is important that any trip you plan to take must not be for longer than 180 days, and you must remain mindful of the amount of accumulated time that you spend outside of the U.S. If you accrue more than 180 days outside of the U.S., USCIS will presume that you have disrupted the continuous residence requirement, consider your continuous presence broken, and will deny your N-400.

If you are applying for naturalization based on five years as a permanent resident, you will need to show that you have at least 30 months of physical presence within the U.S. to have maintained your status. If you are applying for naturalization based on three years as a permanent resident as a qualified spouse of a U.S. citizen, you must show at least 18 months of physical presence within the U.S. to have maintained your status.

In all cases, you must show that you have resided for at least three months immediately prior to filing Form N-400 in the USCIS district or state where you claim to have residency.

There are three major and essential naturalization appointments during the process, attendance at which is paramount to the success of your N-400 application:

• Your biometrics appointment within a few weeks of filing your application
• Your naturalization interview
• Your oath ceremony to officially become a citizen in the U.S.

Careful consideration of when you travel is important because if these appointments are scheduled during your time outside the U.S., it can lead to unnecessary complications. While it is possible to reschedule these appointments, doing so would likely lead to a significant delay in your naturalization process. Moreover, ignoring the appointment notices will likely lead to a denial of your application.

While there are no restrictions, per se, to your ability to travel outside the U.S. with a pending N-400, it would be wise to err on the side of caution and remain within the U.S. until your application has been adjudicated to ensure that you do not miss any appointments, do not need to reschedule any appointments because of your absence, and prevent avoidable delays.

You must satisfy residence and physical presence requirements

To maintain your legal permanent resident status in the U.S., you must satisfy the residence and physical presence requirements. This means that you must not take a trip longer than 180 days and be mindful of the accumulated time spent outside the U.S. If you accrue more than 180 days outside of the U.S., USCIS will presume that you have disrupted the continuous residence requirement, and your N-400 application will be denied.

The continuous residence requirement means that an applicant has maintained a permanent dwelling place in the U.S. for a specified period of time. Generally, this means that a naturalization applicant must have resided continuously in the U.S. for at least five years prior to filing the naturalization application and up to the time of naturalization. There is a shortened three-year requirement for permanent residents who are married to a U.S. citizen.

Short trips abroad typically do not disrupt the continuous residence requirement, but long absences will. A trip abroad that is less than six months will not disrupt continuous residence. A trip of more than six months but less than a year is presumed to break your continuous residence. A trip of 12 months or longer will definitely break your continuous residence.

The physical presence requirement is a cumulative requirement. So, you must combine each day that you were outside the U.S. For example, an individual who made a 30-day trip and five 1-day trips would have been absent for a total of 35 days.

Additionally, in all cases, you must show that you have resided for at least three months immediately prior to filing Form N-400 in the USCIS district or state where you claim to have residency.

Travel may interfere with the application process

Although there are no travel restrictions after filing Form N-400, travel may still interfere with the application process. Firstly, there are three essential appointments that you must attend during the naturalization process: a biometrics appointment, a naturalization interview, and an oath ceremony. Travel during this period can disrupt the N-400 processing timeline. While you may reschedule these appointments, doing so will significantly delay your naturalization process. If you ignore the appointment notices, USCIS will eventually deny your N-400 application.

Secondly, the continuous residence and physical presence requirements for naturalization remain in effect after filing Form N-400. Therefore, it is important that you do not take a lengthy trip (more than 180 days) and are mindful of your accumulated time outside the country. USCIS will presume that you have disrupted the continuous residence requirement if your travel outside the United States is six months or more. A break in continuous residence will result in an N-400 denial.

If you have already spent significant time outside the United States over your statutory period, you need to be careful about spending too much time abroad. For candidates applying on the basis of five years as a permanent resident, you will need 30 months of physical presence in the U.S. Travel during the naturalization period will continue to count against the physical presence requirement.

In addition to examining the length of your trip abroad, USCIS will look at the frequency of your travel. To qualify for naturalization, an applicant must spend at least half of their time in the United States. This is known as the "physical presence" requirement. If you take frequent, short trips abroad that result in you spending more than half your time outside the United States, you will be ineligible for naturalization.

Continuous residence and physical presence requirements must be met

Continuous residence and physical presence requirements are two distinct but equally important criteria for applicants seeking U.S. citizenship through naturalization. These requirements demonstrate an applicant's commitment to establishing roots and integrating into American society. They also serve to gauge an applicant's connection to the United States and their fulfilment of residency obligations.

Continuous Residence

To satisfy the continuous residence requirement, an applicant must have resided in the U.S. for a specified uninterrupted period before filing Form N-400. This period is typically five years for most applicants (LPRs) and three years for qualified spouses of U.S. citizens. Any absence from the U.S. during this period may disrupt an applicant's continuous residence. Short trips typically do not affect this requirement, but absences of more than six months may break the continuity of residence. Absences of one year or more will definitely break the continuity.

Physical Presence

Physical presence refers to the amount of time an applicant has been physically present in the U.S. during the required period before applying for naturalization. This requirement is set at half of the continuous residence period: 30 months for LPRs and 18 months for qualified spouses of U.S. citizens. Physical presence is a cumulative requirement, so each day outside the U.S. counts towards this total.

Additional Requirements

Regardless of permanent residency status, all applicants must have resided for at least three months in the USCIS district or state where they claim residency immediately before filing Form N-400.

Exceptions

There are exceptions to the continuous residence requirement for applicants working abroad for:

• The U.S. government, including the military
• U.S. government contractors
• A recognised American institution of research
• A public international organisation
• An organisation designated under the International Immunities Act
• A denomination or mission with a bona fide presence in the U.S. for the purposes of performing ministerial or priestly functions

To preserve continuous residence status while working abroad for one of these organisations, applicants must file Form N-470.

Seek advice from an immigration attorney

While there are no travel restrictions once you have filed your Form N-400, Application for Naturalization, it is still advisable to seek advice from an immigration attorney. This is because travel during the naturalization process can be complicated and impact your application if not carefully considered.

An experienced immigration attorney will be able to guide you through the process and help you understand the requirements you must satisfy to maintain your legal permanent resident status. They can advise you on how to avoid any potential pitfalls and ensure that your application is not denied due to missed or rescheduled appointments.

For example, you must generally attend three essential appointments during the naturalization process: a biometrics appointment, a naturalization interview, and an oath ceremony. An attorney can help you understand the timing of these appointments and advise you on when it is safe to travel to avoid any disruptions.

Additionally, an attorney can help you understand the residence and physical presence requirements that you must satisfy. They can advise you on how long you can remain outside the country and ensure that you do not accrue more than 180 days of accumulated time outside the U.S., which could disrupt your continuous residence requirement and lead to a denial of your application.

Furthermore, an immigration attorney can provide personalized advice based on your specific circ*mstances. They can review your application and ensure that it is correct and complete, reducing the risk of costly delays or denials due to mistakes.

By seeking advice from an experienced immigration attorney, you can ensure that you are making informed decisions about your travel plans and maximizing your chances of a successful naturalization application.

Frequently asked questions