5-year rule, Living out of the States for Job at US Company Branch, & N400 eligibility

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gc_wait_485

Registered Users (C)
What happens if I live out of the States for a couple of years due to my US company's branch in anther country? I got employment-based GC, so I know 5 years are required to file N400. However, if I work at an oversee branch, I can't physically be in the States of course. I thought there might be exceptions on the 5-year rule in certain cases. Wouldn't working at a US company's branch in anther country be a case that I can maintain the eligibility for filing N400?

Thanks
 
N-470 would be the best approach as it would treat your stay out of USA as it if it was in US.

Some of the requirements are:
1. Must be on GC for at least 1 year with continuous residency in US (without any absences from US for 1 year).
2. Must apply for N-470 before leaving the country.
3. Must have a valid reason and supporting documents to show that your company is sending you to its sister company/branch for the purpose of business improvement.
4. Apply for I-131 (Re-entry permit) before leaving from US on your assignment.
 
cpzinga said:
N-470 would be the best approach as it would treat your stay out of USA as it if it was in US.

Some of the requirements are:
1. Must be on GC for at least 1 year with continuous residency in US (without any absences from US for 1 year).
2. Must apply for N-470 before leaving the country.
3. Must have a valid reason and supporting documents to show that your company is sending you to its sister company/branch for the purpose of business improvement.
4. Apply for I-131 (Re-entry permit) before leaving from US on your assignment.
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To clarify #1, the year can be any 12 consecutive months since becoming a permanent resident; it doesn't have to be the year immediately before applying.

And #2 is false, as it is not necessary to apply for it before leaving the US. It can be filed while in the US, or within 1 year after leaving the US.
 
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Jackolantern said:
To clarify #1, the year can be any 12 consecutive months since becoming a permanent resident; it doesn't have to be the year immediately before applying.

And #2 is false, as it is not necessary to apply for it before leaving the US. It can be filed while in the US, or within 1 year of leaving the US.
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Refer to: http://www.visapro.com/Download/N-470-Form.pdf

You must file it before you have been absent for a continuous period of one year.
 
Yes, that's what I said in my reply.

One doesn't have to be in US but they should file it before they move (for stay outside US for one year or more).
 
Must be on GC for at least 1 year with continuous residency in US (without any absences from US for 1 year).
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Does this mean I have to be the US for 365 days w/o ANY single day out of the US, i.e. travel out of the US for a couple days?
 
gc_wait_485 said:
Does this mean I have to be the US for 365 days w/o ANY single day out of the US, i.e. travel out of the US for a couple days?
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From N-470 instructions:

Please note that in most cases you must have been physically present and residing in the United States for an uninterrupted period, without any absences whatsoever, for at least one year after your admission as a lawful permanent resident.

I am not sure if small trips such as vacation, visiting family abroad etc would be a problem. Let us wait for someone (who has already been through this process)'s comments. You can also call the customer service number at 1-800-375-5283 and ask them.
 
cpzinga said:
I am not sure if small trips such as vacation, visiting family abroad etc would be a problem. Let us wait for someone (who has already been through this process)'s comments.
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For N-470 you definitely need a whole unbroken year without ever stepping outside the US, not even for a 1-day vacation. It even went to court and that's how the court ruled.
 
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