Have GC - Is it ok if a foreign or US firm sent me abroad? Reply ASAP...

K

ketanco

Banned
Hello
I have a green card but lately I am mostly in my own country. I am still satisfying and will satisfy the max 6 months absence and min 30 months in 5 years requirement when I will apply for citizenship about 20 months later.

Here is my question.
I got laid off in the US about 10 months ago due to a mass layoff due to economic crisis. I looked for a job for a couple months but did not find anything. I even got unemployment benefit for a while. Then as the life got expensive for me in the us, and I came to my country to live with my parents for a while.
Although I am in my country much more lately, I am still looking for a job in the USA thru internet in my own field but due to economic crisis I can not find a job. I am keeping all the rejection letters. My question is, if I work with a firm in my own country but still come and go to US in less than every six months and stay a few days is that still a problem for citizenship later? I found a very very good position with a big firm in my country. They want to send me to another country for work. Does US look at my passport when I apply for citizenship and if they see the work visa for another country would that be a problem? If problem, how about a US firm sent me outside the US? Then would it be ok?

How about when entering the US. If a US firm sent me abroad Should I tell the officer, that is why I was abroad and there is no problem? I am asking because the firm of my country is working closely with another large US firm. May be the US firm can show me as their employer and I can work in that foreign country.


Please reply ASAP. Thanks
 
Do you have any ties to US? Family? House? Are you paying US taxes? Coming to US every 6 months and then going back will not fulfill the continuous residency requirements, which will make you ineligible to get citizenship. Of course you can still apply and try your luck out. You only stand to loose the application fees.
 
Yes I do have ties. I have my car and my stuff there in a storage which I even pay insurance. I own a US based LLC company which I operate on internet. I pay my taxes too of course every year.

Out of 39 months since I got my green card, I was in the US for 26 months. Only lately I am more in my country. But still I went back a couple months ago before 6 months was up and stayed 9 days.

Anyone?
Here is the question:

Would it be okay if a US based firm sent me abroad? I will still come back in less than every 6 months.
 
The "come back once every 6 months" is a common fallacy. The interviewer looks at the totality of the evidence, not just the longest trip, so your citizenship can be denied for having multiple trips of under 6 months each if they are close together. If you want to take repeated multi-month trips like that to work abroad for a US company and still preserve continuous residence, you need to apply for N-470 and get it approved. And get a reentry permit to preserve your green card.
 
I looked at N470 requiremnts and one of them was a "continuous uninterrupted presence in the US for at least a year since getting a green card." Well I dont have that although I have 26 months presence in 39 months so far. Even if my 470 does not get accepted just because of that reason, would it still be okay for a usa firm to send me abroad?
 
If you take this course of action I would forget about citizenship and start worrying about your Green Card itself. It is fairly transparent that you won't be residing in the US, and that you are abandoning residence. I have no idea of USCIS/CBP policies towards this, but it would seem to me that after a while they can see what the trend is. Think about it, any reasonable person could see that you are living abroad and just coming to the US for "cosmetic" reasons. However, it is better to come back as you say that don't come back at all. However, I am fairly sure that this will affect your citizenship plans. You have to make a decision, sometimes you cannot keep everything. Either you stay in your country for good and live your life or come back to the US and work on becoming part of this society.
 
ketanco said:
Even if my 470 does not get accepted just because of that reason, would it still be okay for a usa firm to send me abroad?
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If you're going to work overseas for an extended time, it is better if it is for a US company, but without the N-470 there is no assurance of preserving continuous residence during extended stays abroad. Especially since there are some companies that you think are US corporations that really are foreign entities according to the USCIS definition. If you get an approved N-470, you would know that the employer meets the USCIS definition of a US corporation.
 
Huracan said:
If you take this course of action I would forget about citizenship and start worrying about your Green Card itself. It is fairly transparent that you won't be residing in the US, and that you are abandoning residence. I have no idea of USCIS/CBP policies towards this, but it would seem to me that after a while they can see what the trend is. Think about it, any reasonable person could see that you are living abroad and just coming to the US for "cosmetic" reasons. However, it is better to come back as you say that don't come back at all. However, I am fairly sure that this will affect your citizenship plans. You have to make a decision, sometimes you cannot keep everything. Either you stay in your country for good and live your life or come back to the US and work on becoming part of this society.
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Do not need your advice. I spent 12 years of my life in the usa, and 8 years of it was trying to get a card, which took the most part of my most efficient ages energy. Just answer the specific question.

The ridiculous thing about the whole thing is, nobody cares about the period you were in the usa before getting the card, waiting for the card, waiting for their eternal processing times.... Just to get the card it took me 6 years, not me but their processing the whole thing i mean.... I was in the usa for a total of 8 years before getting the card, and i was in the US physically present for 95% of the time in that 8 years, waiting fot the card with only an h1 visa i got, unable to change companies, unable to do many things I liked, unable to go back to my country for a little while to do very urgent things which messed up my whole life.... So...really.... i apprciate your taking the time to answer, but do not need a generic advice... I think specific answers increase the quality of this forum anyway.
 
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Jackolantern said:
If you're going to work overseas for an extended time, it is better if it is for a US company, but without the N-470 there is no assurance of preserving continuous residence during extended stays abroad. Especially since there are some companies that you think are US corporations that really are foreign entities according to the USCIS definition. If you get an approved N-470, you would know that the employer meets the USCIS definition of a US corporation.
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Thanks... I know about N470 but it also has a requirement of "physical presence of uninterrupted 1 year" after getting the card, which I do not have. A two week trip to my country messes that up. The company is a huge US based company, so there is no douubt that they are us based. My question based on your answer is this: If you enter to the usa before 180 days of ansence expires, when working for a US based company abroad, you do not need the N470 anyway, because its purpose it to eliminate the 180 day requirement? Or its purpose is to make the absence days count as presence days?
 
ketanco said:
The ridiculous thing about the whole thing is, nobody cares about the period you were in the usa before getting the card, waiting for the card, waiting for their eternal processing times.... Just to get the card it took me 6 years, not me but their processing the whole thing i mean.... I was in the usa for a total of 8 years before getting the card, and i was in the US physically present for 95% of the time in that 8 years, waiting fot the card with only an h1 visa i got, unable to change companies, unable to do many things I liked, unable to go back to my country for a little while to do very urgent things which messed up my whole life....
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Are you me? See my sig for explanation.

Anyway, you will get the best and worst of advice here. Take your pick. A lawyer might be able to give you to the point answer, but even they will pick issues with what you told them if the case does not go right.

See the following:

http://forums.immigration.com/showthread.php?t=292824

http://forums.immigration.com/showthread.php?t=270494

http://forums.immigration.com/showthread.php?t=274984
 
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