N-470 one year limitation?

S

sargodhian

Registered Users (C)
Hello All,

I am in process of filling N-470 form but the question about one year physical presence is confusing me.

It says on Part 3 # 2. "Since lawfuly entry as a permananet resident, have you resided in and been physically present in the US for an uninterrupted period of at least one year?"

Is this year from last most recent entry as LPR or any one year from the date I acquires LPR status and filling of N-470?

I acquired LPR status as of 02/28/05 and did not leave the country until 11/16/2006 (almost 1 year and 9 months) but then I left again on May 13, 2007 and came back on May 26, 2007. Now my employer wants me to relocate before the end of september 2007.

Please help

Thank you in advance
 
It seems clear to me.

The wording "Since lawfuly entry as a permanent resident" is because someone may have been residing in the USA for one year on a 12-month tourist visa. And this would not qualify for N-470.

This is why the USCIS on the N-470 asks whether since you became permanent resident on 02/28/05 there has been an uninterrupted period of at least one year where you ahve been physically present in the US.

And the answer is yes because you have had a period of uninterrupted physical presence in the USA between 02/28/05 and 11/16/2006.
Just my (non-lawyer) opinion.
 
I concur.

Since you mention relocation, please note that an N-470 preserves continuous residence, but does not allow you to continue to accrue physical presence. Whats not clear to me however, is whether it also allows you to continue to accrue continuous residence.
 
I have about 28 months of physical presence and will be able to accure more before applying for citizenship as my assignment is for 2.5 years and then I will be coming back to states.
 
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