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  • effect of working overseas for a US company on GC

    Hi all,

    My company is thinking about relocating me to Australia. I currently work in Nevada. I acquired my GC thru employment with the same company. I would like to know if this would affect my GC status at all. Also, would I be able to apply for citizenship? I am estimating my relocation will last at least 3 years. Would i have to make visits to USA in order to maintain residency requirements?

    Thanks!
    ---------------------------------------------------
    DO - Reno Nevada
    5-year EB3 GC
    08/12/09 - N-400 to USCIS
    08/17/09 - Rcvd
    08/17/09 - Rcpt date
    08/21/09 - NOA recvd
    08/31/09 - FP letter rcvd (ND 08/27)
    09/03/09 - Online CS: RFE
    09/09/09 - FP appt (done!)
    09/17/09 - Online CS: Std Interview
    09/21/09 - IL recd (ND 09/17)
    10/26/09 - ID (approved)
    12/11/09 - A proud US citizen

  • #2
    Originally posted by blkhawk
    I would like to know if this would affect my GC status at all. Also, would I be able to apply for citizenship? I am estimating my relocation will last at least 3 years. Would i have to make visits to USA in order to maintain residency requirements?
    Once you leave for six months your five-year clock for citizenship would restart. If you're gone for over a year or more without a re-entry permit, generally speaking that will kill your GC. A re-entry permit only gets you two years.

    "Visiting" the US will not help at all. You need to "reside" here, not visit.
    ------------------------------------
    IMPORTANT NOTE: I am a Volunteer Moderator - one of you. I am not a lawyer. So act accordingly.

    PD: 9/12/2000 (EB3/VA/RIR/Canada)
    I-140 RD: 12/22/2000
    I-140 AD: 7/16/2001
    RD: 8/28/2001
    ND: 10/26/2001
    FP1: 1/31/2002
    RFE: 8/2/2002
    RFE RD: 8/28/2002
    TD: 10/22/2002
    FP2: 6/19/2004
    ID: 07/15/2004
    AD: 07/15/2004
    CO: 08/18/2004
    CR: 08/23/2004
    N-400 RD: 05/21/2009
    FP: 06/13/2009
    CFR: 08/05/2009
    IL: 08/21/09
    ID: 10/7/09
    USC: 10/8/09

    Comment


    • #3
      Originally posted by blkhawk
      Hi all,

      My company is thinking about relocating me to Australia. I currently work in Nevada. I acquired my GC thru employment with the same company. I would like to know if this would affect my GC status at all. Also, would I be able to apply for citizenship? I am estimating my relocation will last at least 3 years. Would i have to make visits to USA in order to maintain residency requirements?

      Thanks!
      Preservation of Green Cards during Foreign Travel
      by Gregory Siskind, Esq.

      http://www.ilw.com/articles/2006,1030-siskind.shtm

      Maintaining Legal Permanent Resident Status
      http://www.hooyou.com/reentrypermit/...glegalPRS.html
      Maintenance of Lawful Permanent Residence
      http://www.americanlaw.com/maintlpr.html
      http://www.twmlaw.com/resources/immi...grant6cont.htm

      http://careers.the-scientist.com/ind...article_id=789

      http://immigration.about.com/library/blpermres.htm

      http://www.quanlaw.com/ls_presidency.asp
      Very good guide for US Citzenship or to maintain Permanent Residence of US,

      http://www.illinoislegalaid.org/UPLO...88natguide.pdf
      http://www.immihelp.com/greencard/retain-greencard.html
      Remember, I am strictly a layperson without any legal training. Please, if in doubt, be sure to use the services of a professional lawyer whom you trust.

      Comment


      • #4
        As long as you have a re-entry permit you will be fine. A re-entry permit is valid for 2 years and after 2 years you can apply for another one. This means that you can easily be abroad for upto 4 years (of course you will have to return to apply for second permit).

        Read the links provided by ginnu for some caveats, especially if you are interested in getting citizenship down the road.

        Comment


        • #5
          Thank you all for your replies. With a re-entry permit, would i still have to make frequent visits or would that be not necessary? Also, I am assuming that I would have to return to reside in the USA at least 3 months before I sumbit my naturalization application, please correct me if I am wrong.

          Aside from this, if someone overstays their visa for more than 180 days and they are the beneficiary of a F2A, if the priority becomes current while the beneficiary is outside the USA, would they still be able to return to the USA immediately or would they have to be outside the USA for at least 3-years due to the 3-year bar? would this 3-year bar be waived?

          Thanks again.
          ---------------------------------------------------
          DO - Reno Nevada
          5-year EB3 GC
          08/12/09 - N-400 to USCIS
          08/17/09 - Rcvd
          08/17/09 - Rcpt date
          08/21/09 - NOA recvd
          08/31/09 - FP letter rcvd (ND 08/27)
          09/03/09 - Online CS: RFE
          09/09/09 - FP appt (done!)
          09/17/09 - Online CS: Std Interview
          09/21/09 - IL recd (ND 09/17)
          10/26/09 - ID (approved)
          12/11/09 - A proud US citizen

          Comment


          • #6
            Originally posted by blkhawk
            Also, I am assuming that I would have to return to reside in the USA at least 3 months before I sumbit my naturalization application, please correct me if I am wrong.
            No. As The Real Canadian said above, if you are gone for more than 6 months, the five year clock resets to zero with regard to citizenship. You can't expect to gain US citizenship by living in Australia for 3 years then just returning to the States for three months. Each time you break continuous presence, the clock resets to zero.

            Comment


            • #7
              6 Months !

              The 6 months time out of USA is in one visit or multiple visits in the span of how many years.
              I visited 4 months in two visits in span of 2 years. So, do I have 2 months left before I apply Citizen ship.
              Please clear me..I am planning to go for another 4 months now.

              Thanks in advance.

              Comment


              • #8
                So, when you say "reset", you mean that I have to start all over counting another 5 years?

                Thanks.
                ---------------------------------------------------
                DO - Reno Nevada
                5-year EB3 GC
                08/12/09 - N-400 to USCIS
                08/17/09 - Rcvd
                08/17/09 - Rcpt date
                08/21/09 - NOA recvd
                08/31/09 - FP letter rcvd (ND 08/27)
                09/03/09 - Online CS: RFE
                09/09/09 - FP appt (done!)
                09/17/09 - Online CS: Std Interview
                09/21/09 - IL recd (ND 09/17)
                10/26/09 - ID (approved)
                12/11/09 - A proud US citizen

                Comment


                • #9
                  solution ??

                  Guys, check this out http://www.immihelp.com/greencard/reentry-permit.html
                  there are two things to do in order to NOT break continuous residency while working overseas for a US company for an extended period of time: Obtain a re-entry permit (normally valid for two years) and file N-470 in order to preserve continuous residency for naturalization purposes.
                  ---------------------------------------------------
                  DO - Reno Nevada
                  5-year EB3 GC
                  08/12/09 - N-400 to USCIS
                  08/17/09 - Rcvd
                  08/17/09 - Rcpt date
                  08/21/09 - NOA recvd
                  08/31/09 - FP letter rcvd (ND 08/27)
                  09/03/09 - Online CS: RFE
                  09/09/09 - FP appt (done!)
                  09/17/09 - Online CS: Std Interview
                  09/21/09 - IL recd (ND 09/17)
                  10/26/09 - ID (approved)
                  12/11/09 - A proud US citizen

                  Comment


                  • #10
                    Originally posted by blkhawk
                    file N-470 in order to preserve continuous residency for naturalization purposes.
                    The N-470 has some special requirements; in order to qualify you will need to be in the US for at least a year without leaving the US even for a day and your firm will need to file an affadavit on your behalf stating that your absence meets the criteria spelled out.

                    http://www.uscis.gov/files/form/N-470.pdf

                    I'm not saying it's impossible, but certainly difficult.
                    ------------------------------------
                    IMPORTANT NOTE: I am a Volunteer Moderator - one of you. I am not a lawyer. So act accordingly.

                    PD: 9/12/2000 (EB3/VA/RIR/Canada)
                    I-140 RD: 12/22/2000
                    I-140 AD: 7/16/2001
                    RD: 8/28/2001
                    ND: 10/26/2001
                    FP1: 1/31/2002
                    RFE: 8/2/2002
                    RFE RD: 8/28/2002
                    TD: 10/22/2002
                    FP2: 6/19/2004
                    ID: 07/15/2004
                    AD: 07/15/2004
                    CO: 08/18/2004
                    CR: 08/23/2004
                    N-400 RD: 05/21/2009
                    FP: 06/13/2009
                    CFR: 08/05/2009
                    IL: 08/21/09
                    ID: 10/7/09
                    USC: 10/8/09

                    Comment


                    • #11
                      I have been a GC holder for almost 30 months now and never been outside the USA for longer than a month/year. it's been over a year since my last visit abroad. I am pretty sure my company will file whatever it takes. after all, they're sending me overseas to train a team of engineers. It's not like I asked for it .. I'd rather stay in the USA. Moving overseas won't be fun at all especially that I own a house and now I have to rent it out ..

                      Thanks for your input guys.
                      ---------------------------------------------------
                      DO - Reno Nevada
                      5-year EB3 GC
                      08/12/09 - N-400 to USCIS
                      08/17/09 - Rcvd
                      08/17/09 - Rcpt date
                      08/21/09 - NOA recvd
                      08/31/09 - FP letter rcvd (ND 08/27)
                      09/03/09 - Online CS: RFE
                      09/09/09 - FP appt (done!)
                      09/17/09 - Online CS: Std Interview
                      09/21/09 - IL recd (ND 09/17)
                      10/26/09 - ID (approved)
                      12/11/09 - A proud US citizen

                      Comment


                      • #12
                        N-470

                        What is the criteria for using the N-470?

                        In order to use the benefits derived from the N-470, must my employer be either a US based company or an international organization (eg UN)?

                        Any other criteria?

                        Please help guys.

                        Comment


                        • #13
                          Originally posted by blkhawk View Post
                          I have been a GC holder for almost 30 months now and never been outside the USA for longer than a month/year. it's been over a year since my last visit abroad. I am pretty sure my company will file whatever it takes. after all, they're sending me overseas to train a team of engineers. It's not like I asked for it .. I'd rather stay in the USA. Moving overseas won't be fun at all especially that I own a house and now I have to rent it out ..

                          Thanks for your input guys.
                          Even if your company files N-470 for you and the application is approved by USCIS (It has to be approved. Filing is not enough), you still have to wait for 2 and a half years after you come back from the assignment. That is due to the physical presence requirement. N-470 waives only the continuous presence requirement, not the physical presence.
                          Don't take the words on this board as gospel. When in doubt, contact the lawyers who are specialized in your area.

                          Comment


                          • #14
                            Originally posted by mkung View Post
                            What is the criteria for using the N-470?

                            In order to use the benefits derived from the N-470, must my employer be either a US based company or an international organization (eg UN)?

                            Any other criteria?

                            Please help guys.
                            Just working for a US Company is not enough. You have to prove that the company's overseas activity is for the benefit of the United States.
                            Don't take the words on this board as gospel. When in doubt, contact the lawyers who are specialized in your area.

                            Comment

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