Citizenship Eligibility Questions: Hypothetical Case

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pbb123

Registered Users (C)
I have questions about citizenship eligibility. Please review
the following hypothetical case:

* Person received his green card 5 years ago.
* After his green card approval, he has spent over 30 months physically
in the US.
* For the last one year, he has been deployed by his employer to work out
of an international location.
* Before departing on his assignment, he filed a re-entry permit
* He also filed N-470 to preserve residency for citizenship purposes.
* During this international assignment, he has been visiting the US on
short trips, almost every 4 months.
* His longest trip outside the US has been 5 months.
* He does not own a house in the US, nor does he currently rent an apartment.
* He uses a friend's US address as his mailing address (for credit cards,
bank statements, Driver licence, etc).
* He has been filing US taxes as a resident during his international
assignment.


Can he now apply for US citizenship? I noticed the condition that before
applying, the applicant must be a resident of the district for the last
3 months. How is "resident" defined for this purpose?

If he is not eligible, which of the factors above prevents him? i.e., would he have been eligible if one of the above factors were different? for example, if he were owning a house?

If he is eligible, would he still be eligible if he didn't file N 470?

Assuming he is eligible, and he does apply, does he then need to be
physically present in the US? Or can he continue to work on his international
assignment, making periodic US trips (to coincide with fingerprinting,
interview, oath, etc)?

Your input would be greatly appreciated.
Thanks.
 
as for the N-400 application everything is OK since there are no trips abroad of more than six months. In other words the burden of proof is on the USCIS officer and not on the applicant (as it is for trips of six months or more). You could say temporary work assignement abroad and should be fine.

HOWEVER, there is one big single point of failure for the applicant.
During the interview the USCIS officer will ask you where do you reside now and since the time you filed your application.
As you don't reside/work in the US you'll have to say that you leave/work abroad. At this point your application will be most likely DENIED.
The officer will have to assume that you no longer leave in the US and cannot naturalize.

What I would suggest is two things:
1. Never leave the US for more than six months.
2. Come back to leave and work in the US at least a few months before the interview.
 
pbb123 said:
I have questions about citizenship eligibility. Please review
the following hypothetical case:

* Person received his green card 5 years ago.
* After his green card approval, he has spent over 30 months physically
in the US.
* For the last one year, he has been deployed by his employer to work out
of an international location.
* Before departing on his assignment, he filed a re-entry permit
* He also filed N-470 to preserve residency for citizenship purposes.
* During this international assignment, he has been visiting the US on
short trips, almost every 4 months.
* His longest trip outside the US has been 5 months.
* He does not own a house in the US, nor does he currently rent an apartment.
* He uses a friend's US address as his mailing address (for credit cards,
bank statements, Driver licence, etc).
* He has been filing US taxes as a resident during his international
assignment.


Can he now apply for US citizenship? I noticed the condition that before
applying, the applicant must be a resident of the district for the last
3 months. How is "resident" defined for this purpose?

If he is not eligible, which of the factors above prevents him? i.e., would he have been eligible if one of the above factors were different? for example, if he were owning a house?

If he is eligible, would he still be eligible if he didn't file N 470?

Assuming he is eligible, and he does apply, does he then need to be
physically present in the US? Or can he continue to work on his international
assignment, making periodic US trips (to coincide with fingerprinting,
interview, oath, etc)?

Your input would be greatly appreciated.
Thanks.
Click to expand...


does your friend's DL show his friend's address? or does it show the state he plan to apply his n400 to?

when he comes back to US every 4 months, does he live in his friend's house?

did all the trips becoming back to US add up equal to 3 months?
 
ocworker said:
does your friend's DL show his friend's address? or does it show the state he plan to apply his n400 to?

when he comes back to US every 4 months, does he live in his friend's house?

did all the trips becoming back to US add up equal to 3 months?
Click to expand...

Thanks for your response.

The candidate filed a change of address with DMV, indicating his new address to be his friend's address. The friend lives in the same state/city where the N400 will be applied to.

When he returns every 4 months, he stays at a hotel.

The trips coming to the US don't add up to 3 months. However, I don't see how this is relevant. Please elaborate.

Thanks.
 
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