Asked in Immigration Law for California

Q: Regarding overstaying abroad as a permanent resident with approved n400

Hello, I am Permanent US resident, in California. My n400 was approved in February and my oath ceremony was rescheduled month ago due to corona situation. However, I am In Europe on lockdown ( and on June 1st it will be 6 months of absence form the States). I know about 6 and 1 year rule absence, so no need for the additional info here. however due to very unforeseen situation I can not predict how long I will stay here. My question is related to what if I stay in EU some 8-9 months, will that affect my eligibility for oath ceremony? Thank you!

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1 Lawyer Answer
Robert Roy Klein
Robert Roy Klein
Answered
  • Immigration Law Lawyer
  • Newport Beach, CA
  • Licensed in California

A: Things are very fluid right now, so it's unclear how the state department will take the inability to travel into account when residents begin returning after being stuck out of the US. Under normal circumstances, there is an option called the returning resident visa (SB-1) that you can look into.

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