effect of working overseas for a US company on GC

**blkhawk** · 17th November 2006, 05:28 PM

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!

**TheRealCanadian** · 17th November 2006, 05:52 PM

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.

**ginnu** · 17th November 2006, 06:03 PM

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

**byegeorge** · 18th November 2006, 04:23 AM

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.

**blkhawk** · 18th November 2006, 10:32 AM

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.

**Scottfla** · 18th November 2006, 04:16 PM

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.

**jhoney** · 18th November 2006, 04:45 PM

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.

**blkhawk** · 19th November 2006, 01:10 PM

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

Thanks.

**blkhawk** · 19th November 2006, 01:34 PM

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.

**TheRealCanadian** · 19th November 2006, 01:54 PM

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.

**blkhawk** · 19th November 2006, 02:02 PM

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.

**mkung** · 26th April 2007, 10:09 AM

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.

**equate** · 26th April 2007, 10:14 PM

Originally Posted by blkhawk

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.

**equate** · 26th April 2007, 10:19 PM

Originally Posted by mkung

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.