Continuos Residence & Physical Presence Tests Will be Met But still worried

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4years9months

Registered Users (C)
My understanding is I have to meet two tests for Naturalization Purposes under the 5-year rule:

1. Physical Presence: At least 30 months (out of 60) of physical presence in US soil.
2. Continuous Residence: Absences cannot exceed 6 months to avoid breaking continuity.

In order to open a USA franchise in Europe, I plan to make 5 trips to Europe with durations of 5 months each trip. Therefore my absence will meet tests 1 and 2. I will set-up an LLC in the USA, pay US income and property taxes.

Is this scenario feasible to gain citizenship within the 5-year rule without further delays or clock restarting penalties?
 
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Continuous Residence & Physical Presence Tests Will be Met But still worried

doble post...
 
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If your 5 month trips are back to back or very close together you should expect to be asked to provide proof of US residency ties, including rental/mortgage receipts.
 
4years9months said:
Is this scenario feasible to gain citizenship within the 5-year rule without further delays or clock restarting penalties?
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It is feasible, but risky. If the trips are very close together, I expect your chances of denial are greater than your chances of approval. Actively operating a foreign business while overseas hurts your chances. Unless you sell the business or hire a general manager before you apply for citizenship, so the business can be run without your presence and your trips are not continuing through the naturalization process, I would estimate your chances of denial at 90%. Continuous residence is not as simple as keeping each trip under 6 months.

Note that you may even lose your green card before you get around to applying for naturalization. If at the port of entry they ask why you have taken 5 trips totaling 25 months in the past 2.5 years, and you tell them it is because you are running a small business in Europe, your card will be in jeopardy. Having the franchised owned by a shell company in the US (especially one that has no US employees or customers) won't help. You should get a reentry permit to help preserve your green card.
 
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Jackolantern and Boby thank you. I have really struggled over this and your advise has helped me realize my plans are way too risky, thus I've decided to abandon my plans to set-up a business abroad.
 
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4years9months said:
Jackolantern and Boby thank you. I have really struggled over this and your advise has helped me realize my plans are way too risky, thus I've decided to abandon my plans to set-up a business abroad.
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So you would give up a prospective business instead of waiting a little longer to get your citizenship? (You could always apply 5 years after you have stopped making these long trips). You should compare the benefits of having a citizenship few years sooner against the benefit of starting your business and then make a decision.
 
4years9months, you should not make your decision based on this forum-immigration feedback.

Perhaps, you should spend an hour or two with a competent CPA (with experience in EU operations) to better understand and structure your business model from the entity perspective. (eg. opening US LLC may not be always the best option from US Corprate/Indvidual Tax perspective, for EU, you will take into account VAT /other issues).

Then you can look at a big picture and do comprehensive analysis on prons/cons for your citizenship decision.

If you go for citizenship, i think you may want to reduce/control time spent outsiide of US.
 
I think the OP intends to be actively operating the business indefinitely in Europe as a permanent career move, not a temporary setup with an exit plan to sell it or hire a manager within a couple of years to take over day-to-day operations. Clearly such a move puts citizenship eligibility and the green card at great risk.

The OP should consult an immigration attorney in addition to a CPA. The CPA isn't going to know the immigration consequences.
 
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The business venture is too risky considering is a fast-food fad (Frozen Yogurt Shop) and the economic indicators show Spain will be one of last EC countries to recover.

The idea was to live in Spain for 2 years, coming to USA for two weeks each year (to meet physical presence and continuous residence tests), afterwards hire a manager and return to the USA until Citizenship. Then decide whether to stay in America or return to Europe.

Citizenship is first priority, I can certainly wait 4 more years, then have the great benefit of having dual citizenship and operate as I please in Europe and/or USA.
 
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