Citizenship interview shortly -- long trips/Foriegn employment -- GC revoke?

[wc_2007]

I have my citizenship interview coming up in a few weeks.

As I mentioned in one of my earlier posts, I had 2 long trips (5 months and 4 months with a gap of 7 weeks) and during in my last trip, I worked for an Indian subsidiary of a US company(got paid in rupees/local currency) .
I got transfered to the US head office and I started working here.

I didn't have any issues entering the US and I wasn't even asked for the Re-entry permit since my trips were less than 6 months (My wife was out of the country for more than a year and we gave her re-entry permit to the POE officer and then she wasn't questioned either)

I know that my chances of clearing the citizenship interview are slim and mostly depends in the IO.

The question I really had

"At the interview, could my GC revocation be triggered on the basis of foriegn employment?"

I worked for the US-subsidiary company for about 6 months -- part of which I worked from USA

Thanks in advance for your comments

 

[WorldCitizen200]

Your green card cannot be revoked on the basis of foreign employment. In general revocation of the green card is not know to happen unless USCIS determines that it was obtained fraudulently.

From what I have been learning here - it seems that unless you had a prior N-470 filed and approved, you are likely to be denied citizenship because you broke continuous residence. This is not a big deal though because you will become eligible again after spending the required time in the USA.

 

[Bobsmyth]

From what I have been learning here - it seems that unless you had a prior N-470 filed and approved, you are likely to be denied citizenship because you broke continuous residence. This is not a big deal though because you will become eligible again after spending the required time in the USA.

That's assuming you have left the US for more than 1 year, since N-470 is only filed for trips over 1 year per USCIS instructions.

 

[WorldCitizen200]

That's assuming you have left the US for more than 1 year, since N-470 is only filed for trips over 1 year per USCIS instructions.

I don't mean to hijack this tread but I'm wondering what happens in cases where I file and get approval for an N-470 but my assignment ends, say in 8 months?

 

[Bobsmyth]

I don't mean to hijack this tread but I'm wondering what happens in cases where I file and get approval for an N-470 but my assignment ends, say in 8 months?

Good question. In such a case, I don't know how USCIS views previously approved N-470 as evidence for trips that end up lasting less than 1 year.Perhaps someone can post their own experience with this?

 

[boatbod]

I don't mean to hijack this tread but I'm wondering what happens in cases where I file and get approval for an N-470 but my assignment ends, say in 8 months?

I don't have any way to prove it, but I'm 99.99% certain the N-470 would be honored. Fundamentally, the fact that you went to the trouble to obtain an N-470 demonstrates strong intent to return to the US, and by that measure, you may meet the standard of proof required to demonstrate you didn't break residence with a foreign trip lasting 6-12months. (Personally I believe the N-470 can be used for any duration trip up to 2 years, however the form instructions are a little fuzzy in that area, since they only refer to trips longer than 1 yr)

 

[boatbod]

Your green card cannot be revoked on the basis of foreign employment. In general revocation of the green card is not know to happen unless USCIS determines that it was obtained fraudulently.

From what I have been learning here - it seems that unless you had a prior N-470 filed and approved, you are likely to be denied citizenship because you broke continuous residence. This is not a big deal though because you will become eligible again after spending the required time in the USA.

Actually a GC can be revoked if the holder does something which demonstrates intent to abandon their US residence. One of the classic indicators of abandonment is if the person takes up foreign employment with no predetermined end date.

Realistically however, unless a person applies for N-400 and discloses their foreign employment to USCIS, they are unlikely to be found out unless they are absent for longer than 1 yr without a reentry permit.

 

[immigrateful]

Actually a GC can be revoked if the holder does something which demonstrates intent to abandon their US residence. One of the classic indicators of abandonment is if the person takes up foreign employment with no predetermined end date.

Not directly related to this but something related to INTENT.

Posts on this forum often suggest that one is determined to have broken CR if he or she shows intent to live abroad. I am curious as to why it doesn't work both ways - consider the following hypothetical timeline:

Year 0: GC obtained
Year 1: Lived in the US
Year 2: Lived outside the US
Year 3: Lived outside the US
Year 4: Lived in the US
Year 5: Lived in the US

Wouldn't coming back to the US in year 4, working here, paying taxes, paying utility bills, etc demonstrate MOST DEFINITE INTENT that the person always had the intention to live in the US on the long term? After all he or she did come back and continue to live here.

I am curious when I hear warnings about potential (and lately real) denials in such cases. The reason cited is that the person broke CR in year 3. The justification for breaking CR is that the person demonstrated intent to live abroad. Why isn't the fact that the person came back and lived here in years 4 & 5 considered demonstration of intent?

 

[wc_2007]

#7 -- I am in the situation you have described.

It is a long story, but I took up the employment with the subsidiary to infact move to the US head office in 6 months, but the offer letter doesn't mention any dates though. So I have the situation where I worked for the subsidiary for 6 months and work in the US for 2 months. Now I have the interview in couple of weeks.

I know in theory that there is a possibility of GC getting revoked on the basis of foreign employment, but in practice would USCIS do that after letting the person into the United States.

 

[CAHope]

You are likely to be denied citizenship because you broke continuous residence.

I don’t think that he broke continuous residence requirement. For 5 years he had only 2 trips of 5 and 4 months with the gap of 1 month and 18 days. None of his trips was over 6 months.

I’m not sure about foreign employment issue.

 

[CAHope]

I know that my chances of clearing the citizenship interview are slim and mostly depends in the IO.

I would definitely suggest to you that you address this issue to immigration layer. If you were out of US only 2 times (5 and 4 months with the gap of 7 weeks) during 5 years - I don’t think that you will have no problems with continuous residence requirement.

Of course if other requirements are satisfied: income tax, apartment lease, house mortgage etc.

 

[Bobsmyth]

Not directly related to this but something related to INTENT.

Posts on this forum often suggest that one is determined to have broken CR if he or she shows intent to live abroad. I am curious as to why it doesn't work both ways - consider the following hypothetical timeline:

Year 0: GC obtained
Year 1: Lived in the US
Year 2: Lived outside the US
Year 3: Lived outside the US
Year 4: Lived in the US
Year 5: Lived in the US

Wouldn't coming back to the US in year 4, working here, paying taxes, paying utility bills, etc demonstrate MOST DEFINITE INTENT that the person always had the intention to live in the US on the long term? After all he or she did come back and continue to live here.

I am curious when I hear warnings about potential (and lately real) denials in such cases. The reason cited is that the person broke CR in year 3. The justification for breaking CR is that the person demonstrated intent to live abroad. Why isn't the fact that the person came back and lived here in years 4 & 5 considered demonstration of intent?

Years 4 and 5 may count towards CR (provided re-entry permit was obtained before leaving) but CR would only begin from the time the person returns from trip after year 3. USCIS does give some credit (364 days) for time out of US more than 1 year so that in this example applicant would be eligible to file for naturalization 4 year +1 day after return of year 3. However, a reentry permit is not sufficient to show intent. Other factors are also taken into consideration.

 

[immigrateful]

Years 4 and 5 do count towards CR , but CR would only begin from the time the person returns from trip after year 3. USCIS does give some credit (364 days) for time out of US more than 1 year so that in this example applicant would be eligible to file for naturalization 4 year +1 day after return of year 3.

My argument is that the person never broke CR (assuming this is a typical case where the person travels outside the US in 2 or 3 or 4 back to back trips of 5 months and 20 odd days).

Many people on this forum argue that the USCIS determines that the person broke CR because of multiple back-to-back trips. To adjudicate such cases positively USCIS asks the applicant to show that she or he had intent to reside in the US. I am saying that since the person returned back to the US in year 4, he clearly ALWAYS had an intent to live here. Don't actions speak louder than intent?

 

[Bobsmyth]

My argument is that the person never broke CR (assuming this is a typical case where the person travels outside the US in 2 or 3 or 4 back to back trips of 5 months and 20 odd days).

Many people on this forum argue that the USCIS determines that the person broke CR because of multiple back-to-back trips. To adjudicate such cases positively USCIS asks the applicant to show that she or he had intent to reside in the US. I am saying that since the person returned back to the US in year 4, he clearly ALWAYS had an intent to live here. Don't actions speak louder than intent?

The requirement is for the person to prove intent while they were away, not after they came back.
The law is written that CR is presumed broken for trips between 6 months and 1 years. However, USCIS adjudicates on the basis of intent (ie. 2 back to back 5 months trips with 1 week between may be seen as a presumption of broken CR to USCIS).

 

[LolaLi]

My argument is that the person never broke CR (assuming this is a typical case where the person travels outside the US in 2 or 3 or 4 back to back trips of 5 months and 20 odd days).

Many people on this forum argue that the USCIS determines that the person broke CR because of multiple back-to-back trips. To adjudicate such cases positively USCIS asks the applicant to show that she or he had intent to reside in the US. I am saying that since the person returned back to the US in year 4, he clearly ALWAYS had an intent to live here. Don't actions speak louder than intent?

The only way this might be interpreted is if either the physical presence or continuous residence was not adequate, or if the individual appeared to not be living in the USA. For example, if there are huge gaps between employments, or applicant did not have a residence for a period of time during their alleged residency. Another example would be the listing of children born abroad AFTER obtaining your GC. I know most people have spouses overseas because they are waiting to become citizens to upgrade the 130 applications. However, look at this from an IO's point of view. If you have children abroad it makes sense that you had to be there in order for the child to have been conceived, and perhaps most likely to be there during and after the birth. And let us not forget the visitations. So if trips outside don't add up or are too many with long durations (even less than 6 months) IOs tend to scrutinize applications. This is to cover their backs as well.
There are multiple factors that work together to create the whole continuous presence theme. And the law is written in such a vague manner that USCIS is allowed to make certain interpretations - while remaining within the configurations of the law.

 

[Jackolantern]

My argument is that the person never broke CR (assuming this is a typical case where the person travels outside the US in 2 or 3 or 4 back to back trips of 5 months and 20 odd days).

In years 2 and 3 in the example, USCIS would say that you had an intent to live outside the US at that time, then changed that intent and came back. The requirement is for "continuous" residence, and years 2 and 3 break that continuity, but years 4 and 5 begin to rebuild it.

 

[sheveal]

The outcome will depend solely on IO, here is why.
I and my wife had a similar pattern of time in and out of the US as described above.
My interview had gone fine and I became US citizen last year. In my wife's case, during the interview, the IO's conclusion was that she had lived abroad for two years with short trips to US to maintain a green card, therefore, she was advised to re-apply based on 4 years +1 day rule.

 

[immigrateful]

The outcome will depend solely on IO, here is why.
I and my wife had a similar pattern of time in and out of the US as described above.
My interview had gone fine and I became US citizen last year. In my wife's case, during the interview, the IO's conclusion was that she had lived abroad for two years with short trips to US to maintain a green card, therefore, she was advised to re-apply based on 4 years +1 day rule.

Sheveal - Were both of you interviewed at the same DO. Which one was it? Also did you quit your job in the US and take up employment abroad when you were doing this?

 

[sheveal]

The same DO - Houston and different employer, but public multinational company.

 

[wc_2007]

Thanks Sheveal. Sorry about your wife's interview result. It seems like there are more denials based on continous residency recently than in the past. I read your earlier posts about your interview experience and it was encouraging. Like I said I worked for the Indian subsidiary of the US company that I am working now for 6 months and I am concerned that this could become an issue - I know that I would have a hard interview, but just paranoid that I could lose my PR status because of that as mentioned in my original post. If you can share your/your wife's interview experience regarding foreign employment, it would help.