n-470 what kind of firms are eligible?

ketanco

Banned
Hello,
Is a US based corporation doing business overseas eligible for getting you a n-470, so that your residency is continuous?

For instance, is a US based construction company doing construction or construction services overseas okay? Does it affect your chances of getting this, if you had gotten a reentry permit before?

If you get this, is this something like a reentry permit, or a piece of paper or what is it, and how are the steps to get it approved? If it is something like a piece of paper you carry with you, do you present it when reentering and also for how long duration is this N-470 good for making your overseas residency count as continuing us residency?
 
Last edited by a moderator:
It doesn't matter what type of product or service they sell.

Reentry permit has no effect on N-470 approval. But you should get a reentry permit to preserve your green card while you're working overseas for long periods.

You obtain it by filing form N-470 along with the supporting documentation. If approved, you'll get a piece of paper which you present in the citizenship interview, not the port of entry.
 
It doesn't matter what type of product or service they sell.

Reentry permit has no effect on N-470 approval. But you should get a reentry permit to preserve your green card while you're working overseas for long periods.

You obtain it by filing form N-470 along with the supporting documentation. If approved, you'll get a piece of paper which you present in the citizenship interview, not the port of entry.

I see. One thing I am not clear though. If you dont present it at the port of entry, how do you enter the country lets say you stayed abroad workinng for that US company for more than 6 months. They may deny you entry if you stayed more than six months, only if that happens do you show this?
 
The re-entry permit is a separate thing. It is a travel document that preserves your greencard status. It is presented at the POE. To get it you file an I-131.

The N-470 application results in a written Decision Notice (N-472) either approval or denial.

An Approval Notice will tell you specifically how it applies to your situation as far as preservation of continuity of residence and physical presence requirements apply to you and any named dependents in regard to eligibility for naturalization.

The N-470 has a filing deadline and preconditions for applicants who seek consideration under 316(b) INA. The N-470 also applies to other sections that you are not interested in [317 INA for Religious people performing religious tasks or certain subsections of 319 INA, notably NOT FOR 319(b) as the LPR spouse of a USC for which no additional form is required beyond an N-400].

As for the employer's qualifications, please see Matter of Chawathe, you can find a link on uscis.gov. It is a new Precedent Decision that was designated as of 10/20/2010. There is a link in the USCIS Press Release about it.
 
Last edited by a moderator:
Please read 8 CFR 316.5(d)(1) all parts.

The length of the period covered is dependent on the facts presented in the application as to employment obligation. It covers the period specified in the approval notice.
 
I have my N-470 approved, and have the re-entry permit. What documents should be presented for interview or with application for citizenship N-400? What should I expect at the interview? What is Matter of Chawathe in simple terms?

Thanks in advance.
 
Chawathe basically says that the ownership of the employing company will be assumed to be American if it is traded on a US stock market. (You wanted simple.)

Most Naturalization Officers are unfamiliar with the N-470 and it may slow them down just a tiny bit (they will have to grab their law books and look it up to make sure that they understand how it works).

The N-472 (N-470 Approval Notice) in your posession tells you the period covered, it serves to PREVENT a BREAK in continuous residence but does nothing regarding physical presence.

An N-470 Story.................

Mr. and Mrs. X and their two kids, Junior and Suzie, got greencards on Jan. 1, 2000, when they arrived in the U.S. after a very long flight from Taipei. Mr. X qualified for an employment-based visa and came for a great paying job.

They lived in U.S. for over two years, almost three years, [Mr. X met the precondition of having at least one continuous year of presence in the U.S. as an LPR] and he got an offer from his U.S. employer to start up the company's office in Hong Kong (he and his wife and kids are originally from Taiwan and can get by with the language and are glad that English is widely spoken in HK. Keeping up their English will be good for the kids when they return to San Diego after the HK assignment. They say OK to the employer.

The employee is expected to be abroad for 2 to 3 years or so. The LPR employee files an N-470 on Feb 1, 2003, stating the he will depart on June 1, 2003, and his wife and two children will follow to join him on July 1, 2003. The kids have to finish school and then he wants to be sure his kids get used to things before they start school in HK.

After a few frantic calls to, and an Infopass appointment, at the local USCIS office the N-470 gets adjudicated in time and Mr. X gets the N-472 Approval Notice on May 17, 2003.

The period covered begins June 1, 2003, and continues until completion of the assignment and return to the U.S. to resume residing here (and most likely return to work for the same employer---with a big fat bonus check and promotion). They also got re-entry permits but had already filed for those the very second he got the job offer. The N-470 was suggested by the employer's HR office. A big company like that had experience with this before--ALL BAD and vowed, NEVER AGAIN will we screw an LPR employee like that again.

Mr. X and his family returned to the U.S. on July 1, 2006, all went well and the new office is running great. Now Mr. and Mrs. X and their oldest child, who turned 18 in HK, are thinking about filing N-400's.

They had immigrated together and all four of them got greencards on Jan. 1, 2000. It is now July 2006. Well, they have had their greencards over five years. The greencards were protected by re-entry permits.

They can have all their forms filled out and checks prepared (the price went up while they were away--darn it) on August 1, 2006. Can they file now? NO!

Continuity of residence is not a problem, that is covered by the N-470. Not a problem. Greecard/LPR status is OK--not a problem, hey, they didn't get turned back at the port-of-entry. Why can't they file?

PHYSICAL PRESENCE: Counting back five years from August 1, 2006, brings us back to August 1, 2001.

Mr. X was in the U.S. on August 1, 2001, and departed to HK on June 1, 2003, therefore, 22 months before he left for HK count for physical presence. The whole family is sick of traveling and decides not to have any more foreign trips for the forseeable future, the farthest they are going is Disney World for several years. And Junior is going away to Harvard (smart kid).

--Mr. X returned to the U.S. on July 1, 2006. He needs 30 months of physical presence in order to file the N-400. Mr. X must wait 8 more months until the end of March 2007, to accumulate the required 30 months out of the five years (60 months) immediately preceeding the filing of the N-400. Mr. X plays it safe and decides he can file anytime after April. 1, 2007.

Mrs. X and the children left the U.S. one month after Mr. X so they have 23 months that count prior to leaving and could file before Mr. X after March 1, 2007, but decide to wait an additional month until after April 1, 2007.

Mr. and Mrs. X and Junior can ALL file together on or after April 2, 2007.

They got through their N-400 processing had no other issues (not even a parking ticket) and all got sworn in together on September 17, 2007. The X's younger child was 17 years old when mom and dad and older brother naturalized. They all have the same citizenship date. That's VERY fortunate for little Suzie because she is a problem child who got busted Halloween night for posession of alcohol by a minor and a DUI. There is no GMC requirement for Suzie's N-600 because she DERIVED USC by an action of law under INA 320.

After mom and dad, prove to ICE that Suzie derived USC when they naturalized, they proceed to file an N-600 for little Suzie and she gets her certificate of citizenship, just in time for Christmas.

And they all lived happily after.................. (except maybe Suzie, poor kid).

The End.

IF IT WERE ONLY THAT EASY.
 
Last edited by a moderator:
N470 for a startup

Hi

I co-founded a startup 2.5 years ago. We have customers outside the US in Asia. We were unable to launch in the US due to the economic reasons, but found customers outside.

We have a fully owned subsidiary in Asia. I am planning to get a transfer to one of the fully owned subsidiaries in Asia.

1) In the US, we share office space with another company (a few cubes) and we often work odd times from home. We file taxes in CA and registered in the US. However, we don't have a business license here. My attorney says we need a business license. Is that true? Aren't articles of incorporation and tax returns enough?

2) We don't have customers in the US, but customers are in Asia. That is the primary reason I want to relocate, to better support the customers. Do I need customers in the US to establish commerce?

We have employees in both countries and we will work as one unit.

Any advise would be welcome.
 
Hi

I co-founded a startup 2.5 years ago. We have customers outside the US in Asia. We were unable to launch in the US due to the economic reasons, but found customers outside.

We have a fully owned subsidiary in Asia. I am planning to get a transfer to one of the fully owned subsidiaries in Asia.

1) In the US, we share office space with another company (a few cubes) and we often work odd times from home. We file taxes in CA and registered in the US. However, we don't have a business license here. My attorney says we need a business license. Is that true? Aren't articles of incorporation and tax returns enough?

2) We don't have customers in the US, but customers are in Asia. That is the primary reason I want to relocate, to better support the customers. Do I need customers in the US to establish commerce?

We have employees in both countries and we will work as one unit.

Any advise would be welcome.

Please read 8 CFR 316.5(d)(1) all parts, and Matter of Chawthe at: http://www.justice.gov/eoir/vll/intdec/vol25/3700.pdf, which holds, in part:

(1) For purposes of establishing the requisite continuous residence in naturalization proceedings pursuant to section 316(b) of the Immigration and Nationality Act, 8 U.S.C. § 1427(b) (2006), a publicly held corporation may be deemed an “American firm
or corporation” if the applicant establishes that the corporation is both incorporated in the United States and trades its stock exclusively on U.S. stock exchange markets.

(2) When an applicant’s employer is a publicly held corporation that is incorporated in the United States and trades its stock exclusively on U.S. stock markets, the applicant need not demonstrate the nationality of the corporation by establishing the nationality of those persons who own more than 51% of the stock of that firm. Matter of Warrach, 17 I&N Dec. 285, 286-87 (Reg. Comm’r 1979), clarified.
 
They won't issue N-470 for the sole owner of the company. For a joint owner, I'm not sure what percentage is low enough for the N-470.

My attorney says we need a business license. Is that true? Aren't articles of incorporation and tax returns enough?
You usually need a business license issued by the state, county, and/or city if the business has a presence in the given state/county/city (each state/city/county has different rules). Without the license they can shut you down.
 
Hi, I have filed for my I-131 and I am interested to also file for the N-470.

My question is about the firms

I am a recent graduate currently seeking an entry-level opportunity in a professional services firm, to be more exactly, one of the big 4 accounting firms:

PricewaterhouseCoopers, Ernst & Young, Deloitte or KPMG.

They are all formed as LLC in each country, thus they do not trade on any stock exchanges. I am seeking employment with one of them overseas, however, they are very prominent in the US market. Do i still have a chance to file the N-470??

Regards,
 
To quality for N470, you should work for a "US Company" that is head quartered in the US and you have to prove that 51% or more of the company is owned by US citizens. I am not sure how you prove that in your case.

Some companies are registered in the Cayman Islands as HQ, they will not be eligible.
 
Hi all. I’m green card holder and i have already got my continuous residency requirements for N470. Have a chance to work in Europe for same company that i’m working (US company),
1. If is it not contract job but employment in overseas and not temporary at least for now permanent, how to show prove that i’ll back to US let say after 3 years?
Is that have to be shown in employment contract or when i fill n470 i suppose to show the time and if is approved i need come back that time? How it is work?
 
Top