Green Card holder, Citizenship questions

5

5az

New Member
I am a green card holder since Aug 2007 and have been a continous resident to date (trips no longer than 180 days outside the US). I am eligible to apply for my citizenship in May 2012 (employment based) and have stayed in the current district for over 3 months.

I am considering an international assignment, before I make a decision wanted to understand the implications to my US citizenship.

1. While i beleive i met the requirements to apply for US citizenship (over 30 months in the US since being a green card holder), Would leaving the US on international assignment jeopardize my citizendship
2. Do i have to be physically present in the US or can I apply for citizenship from outside the US
3. If I plan to return to the US every 3 months till i apply for my citizenship, do I still need to apply for REP
4. Since I have already met the 30 months requirement, do I need to apply for preservation of residency when i take up the international assignment

Appreciate your inputs

5az
 
1. Possibly in jeopardy, depending on the length of the assignment, and whether you're working for a US employer.

2. You can submit the application when abroad, but you must return to the US for fingerprinting, oath, and interview. But unless you have an N-470, it's very problematic to be working abroad during the process, as that creates the impression that you've already relocated abroad for good and are just trying to get citizenship because it's your last chance.

3. Depends on how long you will stay in the US between trips. If you're only staying in the US for 1-2 weeks every 3 months, eventually you will get warned at the port of entry if you don't have a reentry permit.

4. Don't confuse the 30 month requirement which is physical presence, with the continuous residence requirement. You can file N-470 to preserve continuous residence, but not physical presence (unless you work for the US govt/military so the N-470 would allow you to count days working outside the US as days within the US).
 
Jackolantern, Thank you for your response. I missed out one key information - My international assignment will be with my current employer and I will continue to stay on the US payroll. I have physically lived here in the US all the time since getting the green card (I have been out of US on occassional business trips and vacation back to home country for a month every year) and have been in the US physically past the 30 months. Do I still need to file N-470 to preserve continuous residence considering that from the date i take up my international assignment i will be about 6 to 7 months away from filing for citizenship

I dont have a house in the US yet, but I intend to keep my bank accounts, credit cards and drivers license. I will be covered by my employer for life insurance in the US.
 
Yes, you need to get the N-470 because working abroad without one is very damaging to your citizenship prospects. Your employer must qualify as a US company or organization, in order to get the N-470.
 
There is a prerequisite to filing an N-470. Under INA 316(b), the applicant MUST have been inside the U.S. for at least one solid year, without even one day trip across the border during that period, AFTER obtaining LPR status, in order to have any chance of having an N-470 approved. You have not indicated if you have met that prerequisite. In addition, the statute merely allows you to file an N-400, AFTER the end of the assignment, and if otherwise eligible.
 
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