Extended Travel for work

[virtuoso]

All,

I have a travel related question. I have been a GC holder since July 09, 2004. I am eligible to file for my citizenship on April 09, 2004. Till this date (Sep 06, 2008), I have made multiple (7) business trips to India for a total of 195 days. The longest trip being 70 days.

I am now being offered the opportunity of my lifetime... I will be managing a multi million dollar deployment in India for a period of 6-7 months. This would need me to travel extensively to India.

I am planning to do a 6 weeks in India with 2 weeks of break back in USA for the period of these 6-7 months. I will still be maintaining my residence in USA for the period of these 6-7 months.

Here is the scenario that I am thinking about - My wife and son will be staying back in USA for the duration of this extended travel. Occasionally they will join in India for 6 weeks.

My pay check will be generated with my US residential address. The question, I have is will the extended travel have any implications on my application for citizenship.

Thanks

[virtuoso]

Gurus,

Any suggestions/things to consider/pointers etc. will be helpful.

Many Thanks

[Triple Citizen]

In my opinion, you should be okay as long as you have more than half the time physically spent in the US when you submit your N-400 and you have no visits exceeding 6 months. The jury is still out on the issue if you need to maintain this balance after submission.

Originally Posted by virtuoso

The question, I have is will the extended travel have any implications on my application for citizenship.

Thanks

[Jackolantern]

One year by itself with a total of 6-7 months outside the US, with all trips under 6 months, should not be a problem. But if that pattern gets repeated again and again and back to back with you spending nearly all the time throughout a couple of years outside the US, that's when you might have to worry about it even if each individual trip is under 6 months.

I have a travel related question. I have been a GC holder since July 09, 2004. I am eligible to file for my citizenship on April 09, 2004.

No, you will be eligible on April 10. The rule is to subtract 90 days, not 3 months. They will reject your application for being even 1 day too early.

[octopus]

I would like to share my opinion and I am not a lawyer. Where did you all take the rule "6 months or more" = problem?

according USCIS webpage about maintaining permanent residence:

You may be found to have abandoned your permanent resident status if you:

* Move to another country intending to live there permanently.
* Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
* Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
* Fail to file income tax returns while living outside of the US for any period.
* Declare yourself a “nonimmigrant” on your tax returns.

According official information, I can see the problem being outside the United States for more than one year without the permit. So I think, that everybody who goes to the U.S. every 6 months for a few days, than may be considered being outside for more than one year.

But watch out! There is note: "Any lenght of absence may be considered"

So once again, where are those 6 months declared??

[Jackolantern]

The 6 months is with respect to continuous residence for naturalization purposes. You have quoted conditions that may result in revocation of the green card, which is a different topic.

[octopus]

I read about 6 months rule necessary for naturalization purpose. OK!

However, many GC holders, including me, are not interested in the citizenship and they wanna keep their legal status. If you take this into an account, is right what I posted from the USCIS page?

I hope it is

[Jackolantern]

Requirements for keeping the green card are less strict than for naturalization, so if you only want to keep the card you have more freedom to travel. But you still shouldn't travel too much too often, as they can still revoke the card if they conclude that you have abandoned residence (as noted in the paragraph you quoted).

[virtuoso]

All,

Thank you for your answers. I was browsing through the USCIS website. Can I file for N-470? That way, I will not lose any of my time and by the time, I am back, I can wait for 3 months (physical residence requirements) and file for Naturalization.

Please let me know the pros and cons of such an action.

The following contain relevant sections from the USCIS website <http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=0723c6953a62f4e6e89409490bc43 dc5>

(Appendix 74-24 Form N-470: Application to Preserve Residence for Naturalization Purposes (Under Section 316(b) or 317 of the Act).

1. Preservation of residence. An applicant must reside permanently and be physically present in the United States at the time of application and naturalization. It is important to remember that the qualifying period can only be achieved after an admission for lawful permanent residence. Congress has long recognized the importance of permanent residents with job-related opportunities and/or religious commitments outside the United States. Absences for over one (1) year will constitute a break in residence and a new qualifying period woul d be required. This made it extremely difficult if not impossible for many aliens to naturalize and still maintain their employment opportunities, or religious obligations.

And further down the line

3. Review of Form N-470 & Evidence. The necessary evidentiary material should be attached (see below). Question #6 will be the determining section for the benefit requested, either Section 316 or Section 317. Review the departure information for any absences for determination of the requisite one year of uninterrupted physical presence. When affidavits or a corporate official's report is requested the following should be considered:

a) the title of the official making the affidavit, the name of the firm or corporation in which he/she holds office and whether he/she has access to the records of the same.

b) whether the employing organization is an American firm or corporation engaged in the development of foreign trade and commerce of the United States, or is a subsidiary thereof.

c) the nature of the business which is conducted by the employing organization, church, religious denomination, or interdenominational mission.

d) if it is a corporation, the name of the state under the laws of which it was organized, the date of incorporation and that it is existent.

f) the facts of the applicant's employment, including the nature of the service to be performed by him, during the period or periods of absence to be considered.

[Jackolantern]

Sure, if you work for the US government or a US corporation and have the uninterrupted 1 year of presence, you should certainly file the N-470 if you plan to be outside the US for over a year. The only con is the time and money to get it.

[virtuoso]

Thanks a lot for the queries on N-470.

The question that still stumps is what is a US corporation? I work for an Incorporation, which has been around for more than a few decades. Last year, the Inc. has had an revenue of close to a billion $ and is a widely respected privately held Inc.

The next question that stumps is that my presence outside of the country is to help my corporation save $$ and look for opportunities to sell more $$$$. Does that come under development of foreign trade and commerce?

Yes, I do have a 2 year uninterrupted physical presence in US.

Any further clarifications will be more than helpful.

Thanks

[Jackolantern]

Originally Posted by virtuoso

The question that still stumps is what is a US corporation?

That is kind of complicated, with all these globalized corporations. Getting an N-470 approved or rejected will tell you for sure if the USCIS sees them as a US corporation or not.