6 months/year physical presence requirement

[acser]

All,

I need your help in making a decision.

Background: my wife and I received green card in January 2001. Our children were born in the US, so they are US citizens. My wife and have met the 6 months / year physical presence in the US citizenship requirement so far. We would like to apply for US citizenship in the Oct/Nov 2005 timeframe.

Questions:

1.) Someone told me that if you work for a US company abroad as an ex-pat (i.e. you are physically outside of the US for more than 6 months in a calendar year), you or your employer can file a petition with USCIS to waive the 6 months / year physical US presence requirement and keep your eligibility for to apply for US citizenship 5 years after receiving the green card. Is this true?

2.) If 1. is true, what is the USCIS form number? What evidence is required? Who needs to file? How long does it take for USCIS to adjudicate this petition?

3.) If 1. is true and you have a valid passport, can you travel / be outside of the US while USCIS adjudicates your N-400?


All pointers would be extremely helpful. Thanks for your help in advance.

acser

 

[zuleron]

did you look at the guide to naturalization?... it is available here:

http://uscis.gov/graphics/services/natz/English.pdf


1) i think the company you work for would have to be one that is on contract with the US govt… and you would have to file an N-470 before the one year mark of being away from the US… if both these conditions are met then you are considered physically present in the US no matter where you are…

2) the form number is N-470... I don’t know what evidence is required or how long it takes, only that you’d need to file it before being away from the US for a year...

3) yeah you can travel while your N-400 is being adjudicated but you’d still need to 'maintian' your GC status (whether by not being away for more than 6 months at a time or by filing the N-470)... also you'd need to keep in touch so you’d know when to go for fingerprints and/or interview and be able to respond to other curveballs that BCIS is bound to throw your way in the natz process etc…

also, check out this site… a number of attorney reply to questions…

http://forum.freeadvice.com/forumdisplay.php?f=9

hope this helps…

 

[acser]

Thanks for your help.

"1) i think the company you work for would have to be one that is on contract with the US govt"

What kind of contract does it have to be?

 

[zuleron]

Thanks for your help.

"1) i think the company you work for would have to be one that is on contract with the US govt"

What kind of contract does it have to be?

i don't know what type of contract it would have to be... try that freeadvice website i mentioned in my earlier post... there is a member called ImmigAttyLana who is great about responding... i am certain that he/she would know... just address the post to him/her... e.g. "question for ImmigAttyLana" or something...

good luck!...