I-470 Question.

S

samkumr

Registered Users (C)
Hello,
This is the best forum for immigration questions!! I have a quick I-470 question. Here's my situation:

* Have been a permanent resident for about 3.5 years.
* Working for a big US corp and transferring to outside US for 2 years.
* Will apply for re-entry permit.

I would like to have the 3.5 years count towards my naturalization application when I get back. I believe I have to file for I-470. My question is, do I need to file for I-470 even if I do plan to visit US fairly regularly, during my two years outside. I will not have one year of uninterrupted stay outside of US.

As always, Thank you for all your guidance!
Sam
 
Interrupted stay count starts at 6 months, and sometimes they consider back to back 5 months trips as a single trip if they feel you came to US only to beat the legal 6 month requirement.

To have the 3.5 years count, what you need to do is to maintain "continuous residence", and besides filing paperwork with CIS to preserve continuous residence, you also need to maintain an abode in US plus having immediate family live in US shows the intent to return (rather than abandon the residence).
 
samkumr said:
Hello,
This is the best forum for immigration questions!! I have a quick I-470 question. Here's my situation:

* Have been a permanent resident for about 3.5 years.
* Working for a big US corp and transferring to outside US for 2 years.
* Will apply for re-entry permit.

I would like to have the 3.5 years count towards my naturalization application when I get back. I believe I have to file for I-470. My question is, do I need to file for I-470 even if I do plan to visit US fairly regularly, during my two years outside. I will not have one year of uninterrupted stay outside of US.

As always, Thank you for all your guidance!
Sam
Click to expand...
The N-470 is to preserve your continuous residency for any stay outside of the US of over 1 year. Unless you have extensive residency ties in the US while you are working outside the US for US company and returning to US every few months, having the N-470 will allow you to use any time spent outside US with US company count towards your continuous residency requirement.
 
Further clarification and more questions: thank you so much.

I will be moving with my family but plan to keep my house and rent it out. I also plan to file US taxes while I am away and will be visiting for work at least twice a year. I would have completed my five year requirement on green card in November 2011. Will I be able to apply for citizenship then even though I might be outside the country?
 
If you have an N-470, you don't need to keep a house or your family or anything else in the US to preserve your continuous residence while working abroad for the specified employer during the validity of the N-470.
 
Jackolantern said:
If you have an N-470, you don't need to keep a house or your family or anything else in the US to preserve your continuous residence while working abroad for the specified employer during the validity of the N-470.
Click to expand...

but I'm not filing n-470 since I do not have the one year continuous stay in the US. All I have is a reentry permit.
Thank you
 
samkumr said:
Further clarification and more questions: thank you so much.

I will be moving with my family but plan to keep my house and rent it out. I also plan to file US taxes while I am away and will be visiting for work at least twice a year. I would have completed my five year requirement on green card in November 2011. Will I be able to apply for citizenship then even though I might be outside the country?
Click to expand...
You can't apply for citizenship if you are living outside the US.
 
You don't have one continuous year in anywhere of the 3.5 years you've been a permanent resident? That one year doesn't have to be right before you apply for the N-470, it can be any 12 consecutive months since GC approval.
 
Jackolantern said:
You don't have one continuous year in anywhere of the 3.5 years you've been a permanent resident? That one year doesn't have to be right before you apply for the N-470, it can be any 12 consecutive months since GC approval.
Click to expand...

Yes, I don't. Didn't realize the need for continuous residence earlier and planned all my vacation in the summer and winter and ended up traveling outside the US too often for work or otherwise. The longest continuous stretch I have is 11 months.
 
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