US Citizenship denied because of lack of "Continuous Residency"

S

Sunshine08

New Member
Hi,

I have been a permanent resident for the past 5 five years. After a period of unemployment, I have accepted a contracting job in 2005 with an International Organization (part of the United Nations) and was sent to work in offices abroad. While working abroad I make sure to come back to the US every 3 to 4 months (short trips of 2/3weeks).

In January 2008, I decided to apply for citizenship, did the fingerprints (in March) and passed the interview in July. After the interview, the officer told me he would pass my application for review due to the fact that I was working abroad. I have just received a notice from the USCIS denying my citizenship because of lack of "Continuous Residency".

I am a little confused I thought there were special rules when working for an International Organization? Should I appeal (I have 30 days to do so) or should I wait to re-apply for citizenship once I come back to the US?

Thank you for providing me any information and advice you may have.
 
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There are special rules for working for such an organization, but to take full advantage of those rules you need an approved N-470.

Your problem is (1) keeping each trip under 6 months does not work when you string together a long series of trips over multiple years, and
(2) You did not get an N-470, and
(3) You were still working abroad during the N-400 process.

I don't think your chances of a successful appeal are good, but you could still go for a one-hour consultation with a lawyer to look over your case and evaluate whether the appeal is worth it. But explain to the lawyer that you won't be appealing with him/her, you just want to evaluate your chances (otherwise they might say you have a good chance just so they can take your money).
 
What do you mean "International Organization (part of the United Nations)"? Which organization exactly were you contracted to work with?
 
To reply to your question Usher, I am currently contracted by the "World Health Organization" which is a specialized agency of the United Nations.

What are the requirements/drawbacks to file for a N-470? Was I suppose to do that before going abroad? Is it too late now to file for it?
 
Sunshine08 said:
To reply to your question Usher, I am currently contracted by the "World Health Organization" which is a specialized agency of the United Nations.

What are the requirements/drawbacks to file for a N-470? Was I suppose to do that before going abroad? Is it too late now to file for it?
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First and foremost, you need to file for an appeal. Get with an attorney, explain to him or her your situation and file the appeal.

N-470 (Application to Preserve Residence for Naturalization Purposes) is a form that needs to be approved before you leave the States. It basically protects your continuous residency if the company or organization that you're working for qualifies . If your appeal is denied, and you want to leave the CONUS on work again, you should submit an N-470 and get it approved before you leave.

For more details on N-470 ..

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=1e6678264614d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD
 
Usher said:
If your appeal is denied, and you want to leave the CONUS on work again, you should submit an N-470 and get it approved before you leave.
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It doesn't have to be approved before leaving the US in order to be valid, it just has to be filed before leaving.
 
Jackolantern said:
It doesn't have to be approved before leaving the US in order to be valid, it just has to be filed before leaving.
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I think you're confusing the N-470 with a re-entry permit. You have to wait for the approval of the N-470 before you leave, because it might not get approved (company or organization you're working for does not qualify) or they might request more documentation before approving your petition.
 
Usher said:
I think you're confusing the N-470 with a re-entry permit. You have to wait for the approval of the N-470 before you leave, because it might not get approved (company or organization you're working for does not qualify) or they might request more documentation before approving your petition.
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Yes, there is a chance they'll reject it, but if they do end up approving it, you're still OK if you were outside the US at the time of approval.

In fact, upon reading the instructions (page 2), I see you don't even need to be in the US when it is filed, you just need to file it before spending a year outside the US.
 
Yes, apparently the form should be sent before spending a year outside the US. In my case, I have never been out for more than 4/5 months but I have been working abroad since 2005 so I don't know if I could still file that form. Also, apparently to come back to the US, I would need to file some re-entry form. Does that mean that even for short trips I would need to file for re-entry. It is not very clear.
 
Obtaining the reentry permit is definitely advisable if you're going away on a multi-year series of multi-month trips, but it does not seem like it is mandatory. However, having it also provides one more bit of evidence to convince the naturalization interviewer that you always had the intent to return.
 
What was the nature of your work abroad? Were you stationed in different offices in different countries for a few months each or have you been working in say, Geneva since 2005?

If the former, did you maintain your "US residency"? (i.e., do you own a house in the US, do you have family living in the US, do you have bank accounts, credit cards, pay US taxes, etc.) In this case, you can probably appeal providing the additional proof of your ties to the US.

If the later and you've effectively been living in Geneva or whereever since 2005, then it's probably not worth appealing since it seems like USCIS made the correct decision. When you appeal, you have to show that they're somehow wrong. The fact that you simply don't like or disagree with their discretionary decision is not enough. Also, if you were eligible to apply for the N-470, it's too late. You should get a re-entry permit so you don't have to go back to the US as frequently and just reapply 4 days +1 day after you move back to the US.
 
Hi sh1996,

To reply to your questions. Yes, I have always maintained my "US residency" before being contracted since 2005. I do own a house, have US bank accounts, US credit cards and filed for my taxes every year. My parents are even US citizens.

During the interview, I gave to the USCIS Officer a copy of my recent tax returns, documents to prove that I own a house and that I have a mortgage and a copy of the form I-508 that my employer filed (a form that states that I seek to retain my permanent US residency and that I waive all rights, privileges, exemptions & immunities that I could have as working under the UN). My job contract even shows that my home address in the US.

Since 2005, I have been working in one location (Geneva) and I am working under a contract that has been renewed several times.

Could it be that all of this is still not enough because I did not file the form N-470? A form that I was not even aware it existed.
 
Sunshine08 said:
Could it be that all of this is still not enough because I did not file the form N-470? A form that I was not even aware it existed.
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Working overseas without an approved n-470 is guaranteed to break your continuous residency requirement which can't be overcome by evidence such as US tax receipts and mortgage slips.
 
Bobsmyth said:
Working overseas without an approved n-470 is guaranteed to break your continuous residency requirement which can't be overcome by evidence such as US tax receipts and mortgage slips.
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Working overseas without an N-470 it is not a "guaranteed" break of residence, especially if it was for a US corporation or government or an organization like the UN of which the US is a member. Other people have been approved after doing such work (of course, some have also been rejected).

The OP's problem is the lack of the N-470 combined with the fact that the overseas work was still going on during the process. After having been overseas for 3 years, all in the same country, and still overseas, there is no good evidence to suggest that a return to the US is ever going to happen in the near future. Had the OP returned to the US and waited 6-12 months before applying, that would have presented a more convincing case.
 
Jackolantern said:
Working overseas without an N-470 it is not a "guaranteed" break of residence, especially if it was for a US corporation or government or an organization like the UN of which the US is a member. Other people have been approved after doing such work (of course, some have also been rejected).
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Let me rephrase that then:

There's a higher probability of denial for working overseas without an approved N-470 on an ongoing basis during the statutory period.
 
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