N-400 and work on a business visa overseas

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zamindar

Registered Users (C)
My US employer wants to send me to Qatar on a business visa (+- 1 year) with frequent fly backs to the US. My family (wife and kid) will remain here during that time and so will everything else, accounts/loans/cars/rental home/taxes/etc etc.... Coming here to attend my interview and oath will not be an issue.

Should I be worried about any impact on my N-400 application process?

Thanks,
Zamindar

PD: Aug 9, 2006
FP: Sep 5, 2006
IL: Waiting
 
on business visa working at Qatar

Hi,
I your case the most important to consider is whether you are jeopardising your continous residence requirement during your stay in Qatar. I would strongly recommend that you stay here and finish the citizenship interview and leave for business assignment. From my learning experience and wisdom it would be unwise to postpone your citizenship interview because of work related issues. I had extremely difficult ordeal in trying to get my interview rescheduled ( page1, thread 14 ) in the archive section) anf had my imterview done on March6th 2007 and passed. Hope this info helps.
Quote: think before you act as look before you leap.
Good Luck and wish you all the best.
 
I'm not a lawyer, etc.

I don't believe that working for a US employer overseas on a clearly temporary assignment will necessarily damage your citizenship chances - but it can. If it were me, I'd get my employer to pay for a *good* immigration lawyer to counsel me (not a general lawyer, not a tax lawyer (who may steer you the exactly wrong direction), an immigration lawyer).

Others with more experience here will likely chime in with some of the things you need to do or to avoid - but good legal advice *before* you leave the country is the best thing you can get right now.
 
My employer has also been pushing me for an overseas assignment but I have so far resisted until I get my U.S. citizenship. In my experience, these short temporary assignments often start extending once you are overseas.

For peace of mind, try and get your citizenship done. I know, it's easier said than done because like you, I too am stuck in name check and no one knows when the ordeal will end.
 
I talked to my company's "immigration" lawyer from a well reputed firm and here is the bottom-line of the discussion:

-If none of your foreign trips are over 6-months long, you satisfy Continuous Presence requirement PLUS
-If you have been physically present in the US for at least 18 months in past 3 years, you satisfy Physical Presence requirement PLUS
- If you have lived in the same state for at least 3 months AND
- You can prove that you never intended to abandon your permanent residence (in my case my family and other stuff like accounts/loans/cars/rental home/taxes/etc etc remain here) AND
- You continue to file taxes as a legal resident (Never file as non-resident to save taxes), then

I should be good to go! Any comments will be appreciated.
 
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zamindar said:
I talked to my company's "immigration" lawyer from a well reputed firm and here is the bottom-line of the discussion:

-If none of your foreign trips are over 6-months long, you satisfy Continuous Presence requirement
...
Click to expand...

Maybe, maybe not.

Immigration rules covering residency are not written in an absolutely black and white manner, and I would be highly skeptical of any immigration expert who tried to convince you otherwise. The specific problem you face, is that USCIS determines the outcome of your case based upon what they believe was your INTENT, rather than a simple set of hurdles that you cleared along the way. If they believe you simply returned to the US every "X" months to avoid the 6 month continuous residence barrier, they are just as likely to determine you did in break residence based on your overall trip/assignment duration.

The only sure-fire way of avoiding this situation is to apply for an N-470, assuming your company (a US corporation) is eligible.

Now having said all this, I believe if your assignment is less than 1 year, you stand an excellent chance of success even without an N-470. Once you break the 1 year barrier, I think the situation changes significantly.
 
boatbod said:
Maybe, maybe not.
your INTENT, rather than a simple set of hurdles that you cleared along the way.
The only sure-fire way of avoiding this situation is to apply for an N-470, assuming your company (a US corporation) is eligible.
Click to expand...

Thanks for the note. My INTENT will be my family back here. I work for a US Fortune 50 company with significant international business. We will look into filing N-470.

Thanks, again.
 
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Why not get an infopass and try to get the scoop on your interview letter? Your PD is quite old. Perhaps you could finish the process and then move.
 
aabbcc11 said:
Why not get an infopass and try to get the scoop on your interview letter? Your PD is quite old. Perhaps you could finish the process and then move.
Click to expand...

I went for an Infopass appointment on Feb 23. They say my the background check is not yet complete. So I am stuck in the name-check whirlpool.
 
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