Maintaining GC - intergovernmental organization

[div2]

Hello,

I do need some of your collective wisdom and advice. Here's my situation:
- I was awarded a GC in 03/2005
- I have been offered a job at a public international organization (think UN/NATO/WTO) of which the United States is a member. It will be a 3 year contract.
- I have been physically present in the USA for more than 30 months since the GC
- I have NOT been physically present for an uninterrupted 365 days since the GC
- I own a house in the USA and have never claimed non-resident status
- I will come back in the USA at least twice a year

Here are my questions:

- Can I file a N-470? The instructions note that "in most cases" I should have been physically present for an uninterrupted 365 days since the GC. I do not satisfy this condition, so I am interested in what "in most cases" means. Does that requirement depend on the type of organization I will be part of?
- Do I need to file for a N-470? Since I have been present for at least 30 months and I will be coming back twice a year, do I already satisfy the residency requirement?
- Do I have to apply for a re-entry permit since I will be coming back twice a year?
- When will I be able to apply for citizenship? Do I have to wait for my 3y contract to expire, or can I do it in the meanwhile during a 2-3 month stay in the USA?
- Do I need a lawyer?
- Anything else I should be aware of...

Many thanks in advance !!!!!

 

[Jackolantern]

- Do I need to file for a N-470? Since I have been present for at least 30 months and I will be coming back twice a year, do I already satisfy the residency requirement?

Coming back once every 6 months and staying for a couple of weeks doesn't necessarily protect your continuous residence. But you may not need the N-470, because working for such an organization generally counts as residing in the US.

- Do I have to apply for a re-entry permit since I will be coming back twice a year?

It would be safer to do so, but given the nature of your work you probably don't need it.

- When will I be able to apply for citizenship? Do I have to wait for my 3y contract to expire, or can I do it in the meanwhile during a 2-3 month stay in the USA?

If the USCIS favorably recognizes the organization you work for, your time working for them will count as time residing in the US so you don't need to wait for the contract to end. You just have to be in the US for the fingerprinting, interview, and oath.

- Do I need a lawyer?

I don't think so, unless you have a criminal record. But it may help to consult one (or somebody else who knows ... unfortunately this does not include USCIS customer service!) to verify if the specific organization you will work for is indeed recognized by the USCIS in the way you want.

 

[div2]

Thanks for the info, Jackolantern.

The organization is clearly recognized (think UN,NATO,WTO...). However, I did apply for the job as a citizen of my country of birth.

Do you think it is still worth filing for a N-470 even if I don't meet the 365 days of continuous presence? What is the purpose of a N-470 if my stay at such organization is recognized by default?

Also, if I do apply for a re-entry permit, do I have to renew it for every trip back to the US or is it valid for the length specified in my application (which as I understand can't exceed 2 years while my contract is for 3)

I think I will consult a lawyer, but from my previous experience I find the advice of this board as equally, if not more, valuable.

Thanks,

div2

 

[Jackolantern]

Do you think it is still worth filing for a N-470 even if I don't meet the 365 days of continuous presence? What is the purpose of a N-470 if my stay at such organization is recognized by default?

There are some organizations and corporations which people think are recognized but they really aren't. N-470 clarifies it for sure, and avoids delays that may stem from the interviewer not agreeing with you about the organization. If they disagree with you they may delay your decision while they research the organization, whereas if you have the N-470 it is clear-cut and they don't have to do that. If you are certain of the one you work for, and that the interviewer would agree, then you probably don't need the N-470 (and can't qualify for it anyway because of not having one unbroken year of physical presence).

Another benefit of the N-470 is that if you are working for the US government (and I believe some organizations like the ones you mentioned), the N-470 also makes your time with them count towards the physical presence requirement. If you spend 3 years working overseas without your time counted towards physical presence, you will run afoul of the physical presence requirement because that would result in you being physically present for only 2 years out of 5 (unless you manage to accumulate 6 months in the US during those 3 years by coming back often enough and long enough), so you would have to wait for some time after returning to rebuild your 2.5 months of physical presence.

Also, if I do apply for a re-entry permit, do I have to renew it for every trip back to the US or is it valid for the length specified in my application (which as I understand can't exceed 2 years while my contract is for 3)

It is valid until it expires. It normally takes a few months to get approved, and the 2 years start from the approval date, so in reality you end up with something like 2 years and 4 months.