maintaining continuous residence

[CGO]

I received my green card in Jun 2006. Since then I have been living in the US continuously, working for a US employer and own house, bank accounts and have been filing taxes regularly.

My US company is giving me an opportunity to set up their office in India. This process will take between 1-2 years during which time I will need to spend considerable amount of time in India.

My husband also has his GC since Jun 2006 and works for a US employer. He will continue to live and work in the US.

If I spend time in India, I will continue to be treated as an employee of the US company and be paid in US. I will also continue to hold property and file taxes and of course, my husband will remain in the US as well.

My question is how to structure my assignment so I do not run into issues of continuous residence at time of citizenship application (we plan to apply in Apr 2011). We do not want to delay applying for citizenship.

My company is flexible and I can ask to come back to US before 180 days absence and I can also plan to spend 3-4 months in the US every year.

How do I best structure the assignment? My preference is to have as long uninterrupted presence in India as possible for both personal and professional reasons.

 

[warlord]

I received my green card in Jun 2006. Since then I have been living in the US continuously, working for a US employer and own house, bank accounts and have been filing taxes regularly.

My US company is giving me an opportunity to set up their office in India. This process will take between 1-2 years during which time I will need to spend considerable amount of time in India.

My husband also has his GC since Jun 2006 and works for a US employer. He will continue to live and work in the US.

If I spend time in India, I will continue to be treated as an employee of the US company and be paid in US. I will also continue to hold property and file taxes and of course, my husband will remain in the US as well.

My question is how to structure my assignment so I do not run into issues of continuous residence at time of citizenship application (we plan to apply in Apr 2011). We do not want to delay applying for citizenship.

My company is flexible and I can ask to come back to US before 180 days absence and I can also plan to spend 3-4 months in the US every year.

How do I best structure the assignment? My preference is to have as long uninterrupted presence in India as possible for both personal and professional reasons.

You will probably want a re-entry permit so that it doesn't jeapordize your status at all. As for the continous part, I'm not sure if the job you has qualifies for that. Gov't jobs and certain military jobs and other jobs you can preserve your residency requirements when overseas, but I do believe not all US based jobs qualify under that. Having it being a US company, still having a lot of ties to the US, spouse still here etc, I don't see any problems with comming back and leaving again, but not sure if INS will see that as a break in residency or not. I think it really depends on the job...

 

[Bobsmyth]

I received my green card in Jun 2006. Since then I have been living in the US continuously, working for a US employer and own house, bank accounts and have been filing taxes regularly.

My US company is giving me an opportunity to set up their office in India. This process will take between 1-2 years during which time I will need to spend considerable amount of time in India.

My husband also has his GC since Jun 2006 and works for a US employer. He will continue to live and work in the US.

If I spend time in India, I will continue to be treated as an employee of the US company and be paid in US. I will also continue to hold property and file taxes and of course, my husband will remain in the US as well.

My question is how to structure my assignment so I do not run into issues of continuous residence at time of citizenship application (we plan to apply in Apr 2011). We do not want to delay applying for citizenship.

My company is flexible and I can ask to come back to US before 180 days absence and I can also plan to spend 3-4 months in the US every year.

How do I best structure the assignment? My preference is to have as long uninterrupted presence in India as possible for both personal and professional reasons.

Ask your US employer is they are willing to file N-470 for you so that you can preserve continuous residence.

 

[DreamUSA]

i agree with warlord...re-entry permot should be in order. Also if you company does work on USG contracts: you are doing a contract work for or qualify as subcontractor for USG and/or its agencies, this could be a big help.

A standalone fact is that you are on a foreign assignment from US company may not be always sufficient. If you construct an agreement regarding this assignment, make sure it states that this a secondment from US company which is temporary in nature, subject to annual review and with fixed repatriation date. Also highlight the fact you will continue to stay on payroll and benefits of US home office.

 

[Jackolantern]

A standalone fact is that you are on a foreign assignment from US company may not be always sufficient. If you construct an agreement regarding this assignment, make sure it states that this a secondment from US company which is temporary in nature, subject to annual review and with fixed repatriation date. Also highlight the fact you will continue to stay on payroll and benefits of US home office.

If USCIS agrees that the company and job meet the criteria to approve the N-470, those aspects don't really matter. You could be on the foreign payroll, with an open-ended return date, and your time spent working overseas for that company would still be counted towards continuous residence for the validity of the N-470.

 

[CGO]

N 470 not applicable

All,

Thanks for your responses. My company or my work does not seem to qualify for N 470. My company is a non-profit that runs development programs across the world and does a lot fo work in India which is why they want to set up an office in India. No govt. contracts and no scientific research.

Since there is only 2 years or so left before I can apply for citizenship, is there any way to structure this assignment - with some period in India and some period back in States - so I maintain continuous residence? I would be open to filing paperwork as additional security but my first preference is to time my travel so that the question does not arise. My company is quite flexible in this regard but would probably want me spend 8-10 months/year in India - not continuously though.

 

[warlord]

All,

Thanks for your responses. My company or my work does not seem to qualify for N 470. My company is a non-profit that runs development programs across the world and does a lot fo work in India which is why they want to set up an office in India. No govt. contracts and no scientific research.

Since there is only 2 years or so left before I can apply for citizenship, is there any way to structure this assignment - with some period in India and some period back in States - so I maintain continuous residence? I would be open to filing paperwork as additional security but my first preference is to time my travel so that the question does not arise. My company is quite flexible in this regard but would probably want me spend 8-10 months/year in India - not continuously though.

Possibly set up a INFOPASS appointment and talk to the INS directly about your situation if you do not qualify for the N-470. They might be able to suggest some things. I think by what you have stated that there is no question that you are maintaining US residency, it's just the satisfying of the number of days that is the only thing which could just delay your citizenship application.

I would just talk to them at least...

 

[Bobsmyth]

My company is quite flexible in this regard but would probably want me spend 8-10 months/year in India - not continuously though.

Spending 8-10 months/year (even if it's not continuous months) outside the US will be considered break in continuous residency unless you can provide proof of maintaining abode in US and immediate family in US while you are out of US. In your case you have both since husband will remain in US and maintain house for you.

IMO, a reentry permit to preserve LPR status is overkill since you won't be spending more than a few months at a time outside the US, your employer is a US company and your husband will remain in US.