My USC experience - applying from India

[rkashyapa]

A common thought for NRIs in the US is to wait for a green card or a citizenship before a return to India. The thought is based on the fact that it takes a long time for Indians (especially in the infamous EB-3 category) to obtain their permanent residency and also to keep options open if things don't work out in India as expected.

Here's my personal story: I was in a position to have had my GC for about 4 years to when I moved back. In my case, my business was based in the US and I was eligible to apply for a US citizenship. So I went for it. There are three primary criteria for testing eligibility:

[LIST=1]

Continuous residence in the US (you cannot be absent for more than 6 months in a year)

Physical presence - you need to have been physically present for at least 2.5 years of the 5 years you were a permanent resident at the time of

You need to be a resident of the state (where you are filing your application) for at least 3 months before you submit your application
[/LIST]

The process itself is really simple and here are some advice that I was offered which I did not follow. Thought I would share this:


[LIST=1]

You need to be physically present in the US when you apply. I applied from India.

You need to be physically present for 3 months in the US prior to your residence. This criteria just means you need to maintain your official residence for 3 months. So if you have been maintaining an an address for 3 months but you were away on business or something, it doesn't disqualify you from applying. Personally - I was in India and Europe for work for 4 months before I submitted my application.

You need a lawyer to represent you during your interview if you long absences from the US. Since I was working out of India for the last year or so, I had pretty long absences. However I didn't hire an attorney which would have cost me $1000 or so. I felt that the requirements and procedure was simple enough for me to do this on my own.
[/LIST]

Here was the outcome:


[LIST=1]

Application mailed out on May 1st. Priority Date for my application was assigned as May 8th 2012.

Fingerprinting done on June 27th

Interview completed successfully on August 9th. Oath ceremony completed the same day.

Applied for expedited passport on August 10th and received it on the same day

Indian visa applied on 13th and received on the same day. I had apply for expedited processing - I had to get a letter from my wife's doctor recommending I was with her as soon as possible since she was pregnant and due shortly.
[/LIST]

So the whole process was completed in 3 months flat.

One important aspect to be aware of as a permanent resident or a citizen of the US are the tax laws. Here is an extensive article on the economic times stating the implications of being a resident (for tax purposes) of the US - but being in India.

[aravind]

Is this not considered cheating. Shouldn't we rather try and respect and follow the law instead of trying to break it.

[nish0357]

Hi Rkasyapa,
Great to hear that it is possible to apply while outside USA. I am in the kind of similar situation and appreciate your input.
Did you submitted IRS transcripts when sending out N-400 application? As per N-400 IRS transcript or certified tax return should be submitted. thanks!

In respond to aravind, it is not cheating at all. It might be cheating if you are not planning to go back to USA and still want to keep the citizenship as a insurance.

[rkashyapa]

Is this not considered cheating. Shouldn't we rather try and respect and follow the law instead of trying to break it.

No - it's perfectly legal.

[rkashyapa]

Hi Nish - No, I did not submit transcripts while submitting my application. However, I did have them with me during the interview. I was not asked to show it however.

[aravind]

No - it's perfectly legal.

I did not know that. I was under the impression that one had to be physically present in the US and exceptions to that only applied to military personnel or someone deputed by government on foreign assignments. If that is true, I am sorry for my comments earlier about cheating etc..

[obelixr2i]

rkashyapa

Wish me luck. Similar story, my interview is next month.

What Indian visa did you apply to return to India?

Here is my twist. I currently work for a US Corporation. Even though we have a fully owned Indian subsidiary, I still work for the parent company. I want to continue that way (for stock options and stuff).

If I get an employment visa to return to India, am I bound to get a transfer for the Indian company? I don't want that.

The other option is since I would apply for OCI the minute I land in India, I enter on an entry visa, then go on a leave of absence (I could use a 2 month vacation), apply for OCI and resume work after OCI is approved.

[obelixr2i]

Nish

I got the interview notice, it asks for the tax documents only if you are applying as a spouse of a USC.

I have applied for the transcripts, I also got a set of tax documents from my tax person for the last 5 years, I will sign them and take them with me.

Hi Rkasyapa,
Great to hear that it is possible to apply while outside USA. I am in the kind of similar situation and appreciate your input.
Did you submitted IRS transcripts when sending out N-400 application? As per N-400 IRS transcript or certified tax return should be submitted. thanks!

In respond to aravind, it is not cheating at all. It might be cheating if you are not planning to go back to USA and still want to keep the citizenship as a insurance.

[obelixr2i]

I am another N470 success story, cleared my interview yesterday. But I did go with my attorney :).