N-470 rejected >> need help

S

sbarhate

Registered Users (C)
Dear Sir

I got my greencard from one of the reputed automotive company in Detroit. After 4 years from Greencard, I had taken 2 years assignment in Germany which really lasted only for 5 months. Before I depart to Germany company applied for Reentry permit and N-470 form.
Last week (7 months after application) I received a letter from immigration saying N-470 is rejected. Raason for rejection is " Per law INA- 316 [ 8 U.S.C. 1427] Part (b) Person is eligible to apply for N-470 who has been physically present and residing in United states after being lawfully admitted for permanent residence for an uninterrupted period of atleast one year and employeed by US firm by which alien was not employeed until after being lawfully admitted for permanent residence"

Since I have received my greencard from the same company, I am not aligible to apply N-470 with the same company.

This law looks very strange. It is not clearly mentioned in the N-470 application form and in all Government websites.

Fortunatly my assignment was only for 5 months and I travelled with re-entry permit.

Now my quetions are
1) Can I make an appeal against the rejection (through my company)?
2) Can I ignore this rejection, as I don't need benefit of N-470 anymore?
3) Can I withdraw the application, saying I don't need N-470?
4) Will this make any impact on my N-400 application?

I will appreciate your feedback.

Thanks

SB
 
What is the basis of your case? The N-470 instructions make it clear that you have to have at least 1 year of non interrupted presence in US as LPR before you can apply.

http://www.uscis.gov/files/form/N-470instr.pdf


Since your work assignment was only 5 months, you never broke continuous residency requirement and the N-470 becomes a moot point. There's nothing else you need to do with N-470 as it doesn't affect your N-400 (provided of course you have met continuous residency and physical presence requirement).
 
I thought I meet all the requirements for N-470. I talked to 4 different lawyers apart from my company lawyers before putting the application. I had continuous uninterupted presence of one year to meet the N-470 requirement and I went abroad to develope business of US company in Germany. I was getting pay check from US office only. The reason mentioned in the rejection letter is very strange and is not quoted any where on the web (Attorney's website or Government webside).

As far as N-400 is concerned, I have same apartment since my GC and I can show all utility bills from last 5 years. When I was abroad, I kept my apartment, cars, and every thing. I meet all following 3 criterias for N-400 application.

1) 2.5 years of physical presence
2) 90 days local residence
3) Non of the trip outside US was more than 180 days

I don't want to have any dispute in the N-400 application. I want to take all precautions. Hence I need guidence.

Can any body confirm the the law INA- 316 [ 8 U.S.C. 1427] Part (b), which rejected my N-470 application?

Thanks

SB
 
sbarhate said:
[/b]and employeed by US firm by which alien was not employeed until after being lawfully admitted for permanent residence"[/B]
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Below is the paragraph from INA 316. As it is worded, it appears that the part about not being employed until after permanent residence is only applicable if you're working for "a public international organization of which the United States is a member by treaty or statute", but you were working for a corporation.

Absence from the United States for a continuous period of one year or more during the period for which continuous residence is required for admission to citizenship (whether preceding or subsequent to the filing of the application for naturalization) shall break the continuity of such residence except that in the case of a person who has been physically present and residing in the United States after being lawfully admitted for permanent residence for an uninterrupted period of at least one year and who thereafter, is employed by or under contract with the Government of the United States or an American institution of research recognized as such by the Attorney General, or is employed by an American firm or corporation engaged in whole or in part in the development of foreign trade and commerce of the United States, or a subsidiary thereof more than 50 per centum of whose stock is owned by an American firm or corporation, or is employed by a public international organization of which the United States is a member by treaty or statute and by which the alien was not employed until after being lawfully admitted for permanent residence,
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You don't need the N-470 anyway, given that your trip was under 6 months. One 5-month trip won't break continuous residence, assuming that you had no other long trips close to that 5-month trip.
 
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Do I need appeal the decision by filling form I-290B? I have only 30 days to appeal, if I want.

This issue should not create problem for me during N-400 application. Need advice.

Thanks

SB
 
My attorney also feels the same way.
Per Chapter 72.2, it clearly says that rule is applicable only for International organization. See reference from the para 72.2 (page 9). "(4) N-470: Application to Preserve Residence for Naturalization Purposes . The Application to Preserve Residence for Naturalization Purposes is filed by applicants who expect to be absent from the United States for a continuous period of one year or more and who are engaged in certain types of employment. The applicant uses the form to request permission to be absent from the United States without breaking his or her residence. If the application is approved, the spouse and dependent unmarried sons and daughters who are members of the same household will qualify for the same ben efits for the period that they were residing abroad as dependent members of the household of the N-470 applicant. To be eligible to obtain permission, the applicant must first have been physically present in the United States for an uninterrupted period of at least one-year after his or her lawful admission for permanent residence. People working for an international organization cannot obtain approval of an N-470 on the basis of employment with the same organization by which they were employed at any time before they were admitted for LPR. For example, if an applicant was employed by the World Bank and then became an LPR, he/she cannot obtain approval of an N-470 for absences from the U.S. as a World Bank employee. The application must be filed before the applicant has been absent from the United States for a continuous period of one year. If the applicant is granted permission to be absent for a year or more, his or her residence remains unbroken. The applicant must still meet the 30-month physical presence requirement for naturalization. However, those applicants who are employed by or under contract with the government of the United States can count all their absences caused by the employment on which their N-470 was based as residence in the United States. See section 316(b) of the Act and 8 CFR 316.5 .
"
 
sbarhate said:
People working for an international organization cannot obtain approval of an N-470 on the basis of employment with the same organization by which they were employed at any time before they were admitted for LPR. For example, if an applicant was employed by the World Bank and then became an LPR, he/she cannot obtain approval of an N-470 for absences from the U.S. as a World Bank employee. The application must be filed before the applicant has been absent from the United States for a continuous period of one year.
"
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What that means is that you can't get a N-470 approved on the basis of working for an international company before becoming a LPR..in other words the N-470 can only be approved once you are LPR and have been present in the US as an LPR for at least 1 interrupted year., regardless if its the same company or not not before becoming LPR.
 
Bobsmyth said:
What that means is that you can't get a N-470 approved on the basis of working for an international company before becoming a LPR..in other words the N-470 can only be approved once you are LPR and have been present in the US as an LPR for at least 1 interrupted year., regardless if its the same company or not not before becoming LPR.
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That restriction applies doesn't apply to companies, it applies to (quoted from INA 316) "a public international organization of which the United States is a member by treaty or statute" like IMF, United Nations, etc.
 
Jackolantern said:
That restriction applies doesn't apply to companies, it applies to (quoted from INA 316) "a public international organization of which the United States is a member by treaty or statute" like IMF, United Nations, etc.
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So what its saying is that if you work for the UN before becoming a LPR, remain in the US for 1 year after obtaining LPR and are still working for UN, the N-470 would be denied? Doesn't make much sense why they would impose such a restriction.
 
Bobsmyth said:
So what its saying is that if you work for the UN before becoming a LPR, remain in the US for 1 year after obtaining LPR and are still working for UN, the N-470 would be denied? Doesn't make much sense why they would impose such a restriction.
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When there are odd restrictions like that, it often is due to past incidents of people abusing some loophole and they wanted to close it. But I can't think of the scenario they intended to prevent, given the existence of the 1-year presence prerequisite.
 
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