N-470 -- international transfer with US Organization

#1
Hi All,

I received my Greencard in May of 2018 and I work for an American Multi-national tech company that has offices in the Amsterdam.
I recently have an opportunity to go work in the Netherlands. I wanted to ask, if my company does and internal transfer do I jeopardize abandoning my GreenCard?

I was going to see if I am eligible for the N470, however I've been on multiple vacations internationally 2-3 week periods at a time, does that interrupt my continuous status? If so, is there any way around that?

Could I potentially just make frequent trips back and fourth for the next 2 years? IE. Come back every 2-3 months for a week at a time. I could Sublet my place so the lease will still be on my name.. etc..
 

SusieQQQ

Well-Known Member
#2
Subletting means you don’t meet “The applicant retained full access to his or her United States abode” so would count against you to support a claim of residence.
You’d certainly undermine your physical presence requirement by spending ... hmm would that be just 4-6 weeks a year in the US.
Note re continuous residence they do say
“An officer may also review whether an applicant with multiple absences of less than 6 months will be able to satisfy the continuous residence and physical presence requirements. In some cases, an applicant may not be able to establish that his or her principal actual dwelling place is in the United States or establish residence within the United States for the statutorily required period of time”

Quotes from https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3 , which also describes the limited types of companies N470 might apply to.
 

1AurCitizen

Registered Users (C)
#3
Returning to the US every 2-3 months for a week is attempting to game the system, and so is subletting.

Working overseas means you're not resident in the US, which factors in to negate the physical presence requirement. You have to decide which of the overseas employment or Naturalization matters more to you. Can't have both!
 

ponyo_rocks

Registered Users (C)
#5
It is hard to maintain continuous residence with employment abroad, even if you meet physical presence when you eventually apply for naturalization. In your place, I would definitely apply for a re-entry permit (safer at POE) AND make frequent visits to the US (Amsterdam to NY shouldn't be that hard I guess?). I would also be mentally prepared to file for naturalization 4 yrs and 1 day, 4 yrs and 9 months or 5 yrs after your eventual return to the US based on your circumstances and comfort level (all these options presume that you will break continuous residence).
 

1AurCitizen

Registered Users (C)
#6
It is hard to maintain continuous residence with employment abroad, even if you meet physical presence when you eventually apply for naturalization. In your place, I would definitely apply for a re-entry permit (safer at POE) AND make frequent visits to the US (Amsterdam to NY shouldn't be that hard I guess?). I would also be mentally prepared to file for naturalization 4 yrs and 1 day, 4 yrs and 9 months or 5 yrs after your eventual return to the US based on your circumstances and comfort level (all these options presume that you will break continuous residence).
OP is a green card holder, aka a Permanent Resident. LPRs don't make visits to the US. They are expected to maintain permanent ties to the US while temporarily living overseas.
 

ponyo_rocks

Registered Users (C)
#7
OP is a green card holder, aka a Permanent Resident. LPRs don't make visits to the US. They are expected to maintain permanent ties to the US while temporarily living overseas.
I realize that. But it wont be the first or last time LPRs move abroad for a temporary stint. I have done this myself while fully intending to not abandon my permanent residence (mine was for family reasons, but needed employment abroad to pay bills). I consulted a lawyer and applied for a re-entry permit and made my intentions clear on the I-131 on why I wanted to move abroad for 2 years. I am simply suggesting to OP that in addition to traveling to the US frequently, they should also get a re-entry permit which will at least help with showing intent of not abandoning LPR status. They cannot expect to come back from their long stint and get a N-400 approved with long absences.
 

1AurCitizen

Registered Users (C)
#8
I was just pointing out the visiting vs traveling verbiage.

OP's opening post (and who has since disappeared after the initial post as happens frequently when posters don't get responses they like) seemed worded as if to try gaming the system. S/he wants to be able to live in The Netherlands and maintain USC eligibility. The two are mutually exclusive.
 
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