My N470 Application to Preserve Continued Residence

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co1hz

Registered Users (C)
Hi all,
Has anyone have filed N470? Please share your experience.

I became LPR on May-29-2001, more than 5 years ago. But on July 28 2004, my employer, an American company, sent me to China for 2-year oversea assignment. Less than one year later, on July 14, 2005, I filed N-470 to Boston district office, to preserve my residence for naturalization purpose. Now I'm done in China and 've moved back to US, but still no response about my N470 yet, which was filed over a year ago.

I called USCIS, but they could not find my case, and told me that I should contact the local district to get the case details.

During my oversea assignment, I returned to US twice a year, but there is one trip was slightly more than 6 months. So I guess that I need N470 approved before I can submit N400. What do you think?
 
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I was in the same boat (N-470 filed) and I got through the interview successfully. The officer asked no questions regarding my absence but I (unnecessarily) mentioned that I had N-470 filed to cover my absense and the officer said everything is okay. I was out of USA once for 8 months and next time for 11 months. So you should be okay. I'm not sure about how to trace the missing N-470. I got mine in 8 months.
 
I was granted Permanent Residence status (Green Card) in 1983. From 1983 to 2000 I spent much of my career overseas. Assignments varied from 2-5 years and did include periods of time when I was out of the USA for periods in excess of the critical six months. In ALL instances, I did apply for, and was granted, an I-327 (Permit to Re-enter the U.S.).

Until the last two assignments, I was unaware of the existence of the N-470 (to preserve accumulated continuous residence). However, in 1992 I did fill out the form, pay the check and submitted them. I never heard back, I was never told that this request had been granted or rejected. However, when I returned to the U.S. (permanently) in 2000, I wanted to check on the status. Our immigration lawyer checked with the Houston office INS guys who confirmed that "yes it was on file in somebody's desk". Not very reassuring. However, as it turns out, I did not need it as I have only just applied for my N-400 (naturalization) and I now have almost six years continuous presence.

So, I will conclude with two points. (1) My experience suggests that there may not be an "approval" process but it might be worth confirming that the application was received (2) remember, you will still need to meet your 50% continuous residence requirement AFTER you return.

I would be interested to hear of others' experiences and please feel free to challenge any of the above.

The best of luck; let me know if I can offer any further clarification.
 
Thank you both for your valuable experience. That helps a log!

To userofimmi:
So you did receive a formal approval for your N470 after 8 month? How long did you wait to file your N400 after you came back to the US? I just came back last month, so I guess I need to wait for 2 more months before filing.

To rwsh:
I called the bank, and was told that my check was cleared on July 26, 2005. That is the only sign that my N470 was received. Other than that, nothing so far. But I was amazed that your file was still on someone's desk 8 years after filing. What are they doing about it?

I'm writing to the Boston office right now. If no response, I will schedule an appointment to visit. Will keep you guys updated.


userofimmi said:
I was in the same boat (N-470 filed) and I got through the interview successfully. The officer asked no questions regarding my absence but I (unnecessarily) mentioned that I had N-470 filed to cover my absense and the officer said everything is okay. I was out of USA once for 8 months and next time for 11 months. So you should be okay. I'm not sure about how to trace the missing N-470. I got mine in 8 months.
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Hi userofimmi,

Did you cleaim foreign-earn income credit on your 1040 form and/or non-resident tax form in your local tax for the years when you were on foreigh assignment?

I was on assignment for 2 years, but returned to US every 3 months. I did claim non-resident in the tax forms, and learned from another thread that this might be a problem for N-400 application.

Just curious about your case.

Thanks.

Sheng
 
To userofimmi:
So you did receive a formal approval for your N470 after 8 month? How long did you wait to file your N400 after you came back to the US? I just came back last month, so I guess I need to wait for 2 more months before filing.
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Yes I got N470 approx after 8 months of filing. You have to reside 3 months in the district before you can apply for N400.
Hi userofimmi,

Did you cleaim foreign-earn income credit on your 1040 form and/or non-resident tax form in your local tax for the years when you were on foreigh assignment?
Click to expand...
I claimed foreign-earn income credit on 1040 but I filed under resident. You are not supposed to file as non resident once you are a permanent resident whether or not you apply for citizenship.
 
So you're now an US citizen? Congratulations and thanks for coming back to offer advice - really appreciated!

Back to N470 - what did you submit with your form? Did you file N470 by yourself or via an attorney? Did they ask for any further questions before sending an approval?

Thanks for sharing your experience - it's always good to hear success story. :-)
 
userofimmi said:
I claimed foreign-earn income credit on 1040 but I filed under resident. You are not supposed to file as non resident once you are a permanent resident whether or not you apply for citizenship.
Click to expand...

Hi userofimmi

What about your california state tax? Did you file under resident (form 540?) I filed 1040 as well, but my company tax consultant file CA form 540-NR (non-resident or part-year resident) for my california return. I am concerned now that this might get me into trouble, since I need to check yes to Question 13, Section C of the N-400 form. "Have you ever called yourself a "nonresident" on a Federal, state or local tax return?"
 
sheng101 said:
Hi userofimmi

What about your california state tax? Did you file under resident (form 540?) I filed 1040 as well, but my company tax consultant file CA form 540-NR (non-resident or part-year resident) for my california return. I am concerned now that this might get me into trouble, since I need to check yes to Question 13, Section C of the N-400 form. "Have you ever called yourself a "nonresident" on a Federal, state or local tax return?"
Click to expand...

One year I filed as a non-resident on MD state tax, but this was because I was domiciled in FL which has no state income tax. No problems during interview...
 
For my personal case, the pending N470 is only one thing. Another thing pending is that my 2004 tax return is not done yet, still in the hand of company-paid accountant from PWC. I have to get all these sorted out before I can file my N400.
 
Does anyone have experience writing to district office to query something? If so, did you get any kind of response?

I wrote a letter to Boston District office 2 weeks ago asking about my N-470 which was filed 14 months ago. No response yet. I plan to schedule an appointment to visit next week. Or maybe I should just wait a bit longer.
 
I went to Boston district office today, with InfoPass apointment. The IIO(immigration info officer) is a black lady. When I said that I came to query my N470 which was filed 14 months ago, she asked me if I am US government employee. I said no, then she said you are not qualified. Then I argured that employee of US private firm is also qualified, pointing to the instructions from N470. She then typed something on the computer, and told me that she is requesting my files from "file center" which would take 30 days, and told me to come back 3 weeks later.

Apparently someone else also went to ask about N470 today since I was asked 2 times by 2 different officers if I came in the morning.

I wonder what would happen to my N470 once they got it in the Boston office, and if I should hire an attoney to deal with this rather than myself.
 
Following my disappointed visit to Boston office yesterday, I have several questions on N470:
1) Where N470 is reviewed? I sumitted it to Boston office, but she said that the file is now in "file center" in Missouri.
2) If it is in the reviewed in the local office, would it be the same sort of "IIO" to adjudicate it, or would it be someone more senior and knowledgeable? The IIO behind the windows seem to be quite ignorant on laws. I'd be concerned if they are the ones to make judgement.
3) If they deny my N470 based on the ground that I don't work for US government, how should I appeal? Shall I get an attorney?

Please comments and share your opinion! Thanks!
 
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I went to Boston office again right before Thanksgiving. The officer took out my file, a thick folder which includes everything I sent to IIS ever since my H1. She told me that the application was never reviewed since it was sent to wrong place (by them). I asked if it was going be processed today, she went away to ask her supervisor, and returned to tell me that it would be adjudicated "soon". But she could not tell me exactly how long. She also let me to add a few more items missing in the N470 which was filed 15 months ago.

Up till today, I have not heard anything yet. I plan to file my N400 after the new year, regardless the outcome of this long-penging N470. My lawyer said that I should not need it anyway, since the longest trip I took abroad was 7 months.
 
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