Maintaining continuous residence when working abroad

M

mikeTX

New Member
Background information
I am working for a U.S. subsidiary of a company, which is headquartered outside the U.S.. I physically live in the U.S. and get my paycheck in U.S. dollars.

I have been a Green Card holder since May 2008 and wish to apply for naturalization as soon as the required five years of continuous residence have passed.

I am now planning to continue working for the same company, but I would be physically based outside the U.S. for some time (most likely approximately a year, but could be slightly more). I would continue getting my paycheck in U.S. dollars.

My parents are living in the U.S. and I would maintain a U.S. address at their address. I would naturally also file tax returns, keep my U.S. phone number, etc.

Question
If I visit the U.S. regularly (e.g. every 4-5 months), will I be able to maintain continuous residence?
 
Jackolantern said:
Read about N-470.
Click to expand...

Since I have been travelling abroad frequently, it appears that I cannot file N-470.
"before filing N-470, the LPR must have been physically present and residing in the U.S. for an uninterrupted period (without any absences whatsoever even if such absences are brief and are necessary for the LPR to prepare for his or her foreign assignment) for at least one year after becoming an LPR."

However, my understanding would be that if I visit the U.S. frequently enough (i.e. am not "absent" for over 6 months at a time), not filing N-470 should not be a problem.
 
mikeTX said:
Since I have been travelling abroad frequently, it appears that I cannot file N-470.
"before filing N-470, the LPR must have been physically present and residing in the U.S. for an uninterrupted period (without any absences whatsoever even if such absences are brief and are necessary for the LPR to prepare for his or her foreign assignment) for at least one year after becoming an LPR."

However, my understanding would be that if I visit the U.S. frequently enough (i.e. am not "absent" for over 6 months at a time), not filing N-470 should not be a problem.
Click to expand...

Mere "visitation" is not the same as "residence". Don't fool yourself into a false sense of security. Your actions speak louder than words (or false gestures).
 
mikeTX said:
However, my understanding would be that if I visit the U.S. frequently enough (i.e. am not "absent" for over 6 months at a time), not filing N-470 should not be a problem.
Click to expand...

It is not that simple. Even a single absence below 6 months in duration, or a sequence of such absences closely spaced together, may be viewed by the IO as having broken continuous residency, depending on the particulars.
Your case appears to be in the grey area, where a lot will depend on luck and on the discretion of the IO handling your N-400 application.
 
Well, the fact that you're being posted abroad temporarily (get a letter stating this) for a US company is a good thing. You have a chance of getting citizenship if you don't break continuous residence if you're careful about how much time you spend out (coming back often will definitely work in your favour).
 
mikeTX said:
Since I have been travelling abroad frequently, it appears that I cannot file N-470.
"before filing N-470, the LPR must have been physically present and residing in the U.S. for an uninterrupted period (without any absences whatsoever even if such absences are brief and are necessary for the LPR to prepare for his or her foreign assignment) for at least one year after becoming an LPR."
Click to expand...

The one year of uninterrupted presence can be any consecutive 12 months since obtaining your green card; it doesn't have to be immediately prior to applying for the N-470, nor immediately after obtaining the green card.

Do you also understand the physical presence requirement for naturalization, which is a different requirement from continuous residence and qualifying for the N-470?
 
Yes, I do understand the physical presence requirement.

Since I have not been in the U.S. for an uninterrupted period of a year after obtaining my green card, it seems that I do not qualify for the N-470.

Should I apply for a reentry permit even if I would regularly visit the U.S.?
 
Usually when you have the reentry permit, as they see the permit they let you in without caring about your travel pattern. So although it's not completely necessary, it can still help you to avoid a sticky situation at the POE.

Having it also gives you more flexibility to stay abroad longer if the circumstances require it. You have to be in the US to apply for the permit, and again a few weeks later for fingerprinting, so it's better to apply for it before you've started the extended traveling.
 
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