Getting citizenship while overseas

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barryil

Registered Users (C)
I’m an Israeli who relocated to the US in 1998.
I got my LPR in 12/31/04 via my company sponsorship.
I married a US citizen on April 14 2005.

I work for an American a subsidiary of an Israeli company (the global headquarters are in Israel). The company offered me a big promotion but the new position requires me to go back to Israel for at least 2 years.

Is there away I can still get my citizenship while I’m overseas?

1) I’m going to apply for citizenship based on my marriage – I know I need to be married for at least 3 years so that means I can apply on April 15 2008.

2) We will probably relocate to Israel around Apr-May 2007 which means that it’s going to be 11-12 months before I can apply for citizenship

3) I own an apartment in the US that I’m going to rent out – I will have mortgage payments, bank accounts in the US and I’ll be paying taxes

4) I will be able to get back to the US for short trips every 3-4 months (so I won’t break the 6 months rule)

5) I’m also going to get a re-entry permit

6) I will be working for the Israeli company (not the American subsidiary) – although I might be able to ask my company to do something about that….

What can I do to preserve my status towards the US citizenship?
Is it possible to apply while I’m still overseas?
If I get approved can I stay overseas and just come back for the oath?


Thanks for everyone on this forum

Barry
 
Barry, your overseas work intentions may set back your citizenship timeline by a significant factor.

Ideally you need an approved N-470 "Application to preserve residence for naturalization purposes" in order to be sure you don't break continuous residence. Unfortunately, the probability of getting one is small since your employer is not a US owned corporation. (Note: the re-entry permit alone does nothing to preserve natz residency, only your LPR status.)

Secondly, there is much debate whether multiple short return "visits" to the US are any benefit in demonstrating that you have not abandoned residency. I've seen reports both ways on this matter - some successful, some not. Search the prior post here for more info, plus you might want to take a look here as well.

On the upside, maintaining a residence and paying taxes are both good things to do. Note howeer that an LPR must always file taxes as a US resident so be careful if you use a tax accountant to prepare your filing.
 
boatbod - Thanks for the quick response!!

I’m going to try and get the American subsidiary (which is a US owned corporation) to be the “employer” (and not the Israeli company) BUT I was reading the posts and I fear I might have another obstacle.

N-470 requires “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 before you can file a Form N-470”

Since I work for multinational Corporation I travel outside of the US at least 4-5 times a year ......My question – are “short trips” (up to 20 days) break this one year of “uninterrupted period”…..so basically leaving the US for even 1 day during the first year of the LPR status will eliminate the option of getting N-470?

Thanks again and happy New Year :)

Barry
 
My recommendation:
Get your employer to pay for a consultation with a good immigration lawyer (one who is part of the local immigration bar and who deals with USCIS issues on a day to day basis).
 
Another question for the gurus –

From what I understand I can satisfy all the requirements for N-400 on Apr 15 2008 since:

1) I will be married to a US citizen for 3 years (got married on 4/15/05)

2) I will have the LPR status for over 3 years (received it at 12/31/04)

3) Maintained “Continuous Residence”:
• I’m going to leave the US on Apr-May 2007 but I will be back to the US every 3-4 months for short visits (I will also get a re-entry permit before leaving)
• I will be keeping my mortgage payments, keep saving accounts, 401K, mailing address, driver license, utility bills, US credit cards etc

4) Maintained the “Physical Presence” – I will have at least 18 months of physical presence in the US during the 3 years period before Apr 15 2008

So even without N-470 – can’t I just apply for N-400 based on the above?

I’m I missing something?

Barry
 
barryil said:
3) Maintained “Continuous Residence”:
• I’m going to leave the US on Apr-May 2007 but I will be back to the US every 3-4 months for short visits (I will also get a re-entry permit before leaving)
• I will be keeping my mortgage payments, keep saving accounts, 401K, mailing address, driver license, utility bills, US credit cards etc

So even without N-470 – can’t I just apply for N-400 based on the above?

I’m I missing something?

Barry
Click to expand...

There is risk that USCIS will view multiple short visits to the US as nothing more than an attempt to circumvent continuous residency rules while you are actually residing and, more importantly, working overseas. This is a grey area which needs to be explored with caution and in conjunction with professional advice. As I understand it, the issue isn't so much the 6 month cutoff, rather you shouldn't do anything to demonstrate you have abandoned your residency, which is not necessarily time related.

Maintaining your house, bank accounts, utilities and other items are a big step towards demonstrating you intend to return. One other thing you might consider is obtaining a letter from your employer showing the date by which they intend to bring you home. That way you can prove your trip was of definite period and thus temporary in nature.

good luck.
 
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