N-470 vs not breaking 6-mths rule

L

LPR05

New Member
Hi all,

I need some advice.

Situation: I am a US permanent resident since June 2005 and have resided in US for most of the duration (except for two 2-3 weeks vacation). I am accepting a job offer in Europe from European subsidiary of a US multinational firm (the subsidiary is fully owned by the US parent company and uses the same name, but, I think, is a separate legal entity for tax and regulation purposes). The job does not necessarily state that it is a temporary assignment, but my intention is to come back to US either with this company or another after 3-4 years. I own a house in US and I intend to keep it throughout my period overseas. I will also be maintaining my bank account in US and will file US taxes as "resident". I also will apply for I-131 before I depart.

Question: Of the following, which one will be the better (or less risky) option if I want to apply for naturalization in june 2010 (i.e. as soon as I complete 5yrs as LPR):

a) Keep making visits to US every 4-5 months for few days, so that the continuous residency condition is satisfied (technically).

b) Get the US parent company to apply for N-470 (and, then, do not need to make frequent visits to US).

Also, what type of documentation I will need from my employer in each of the above options?

Thanks.
 
Coming back for a few days won't satisfy anything for continous residency. Get the Re-entry permit and see if you can qualify for the N-470 to preserve your residency status...
 
LPR05 said:
a) Keep making visits to US every 4-5 months for few days, so that the continuous residency condition is satisfied (technically).
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The IO won't necessarily agree with you. They are entitled to look at the entire pattern of travels and other evidence to determine whether you broke continuous residence. All trips under 6 months does not mean you are automatically safe, and having trips longer than 6 months does not mean you automatically will be denied.
 
You are not going to be able to go for 3-4 years. The maximum time on a reentry permit (and thus also an N-470) is 2 years.

Get your priorities in order. If citizenship is important, get an N-470, and take a fixed term assignment abroad. If you're not worried about natz, be prepared to say goodbye to your GC if you take an indefinite posting.
 
LPR05 said:
Hi all,

I need some advice.

Situation: I am a US permanent resident since June 2005 and have resided in US for most of the duration (except for two 2-3 weeks vacation). I am accepting a job offer in Europe from European subsidiary of a US multinational firm (the subsidiary is fully owned by the US parent company and uses the same name, but, I think, is a separate legal entity for tax and regulation purposes). The job does not necessarily state that it is a temporary assignment, but my intention is to come back to US either with this company or another after 3-4 years. I own a house in US and I intend to keep it throughout my period overseas. I will also be maintaining my bank account in US and will file US taxes as "resident". I also will apply for I-131 before I depart.

Question: Of the following, which one will be the better (or less risky) option if I want to apply for naturalization in june 2010 (i.e. as soon as I complete 5yrs as LPR):

a) Keep making visits to US every 4-5 months for few days, so that the continuous residency condition is satisfied (technically).

b) Get the US parent company to apply for N-470 (and, then, do not need to make frequent visits to US).

Also, what type of documentation I will need from my employer in each of the above options?

Thanks.
Click to expand...

I am a US permanent resident working for a US company in Sydney-Australia. In order to maintain my status and eligibility for citizenship, my attorney insisted that I obtained an approved N-470, a re-entry permit AND make frequent trips to the US. So I recommend you do the same thing.

As to what documentation you will need, you can always check the N-470 and I-131 instructions at the USCIS website.
 
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