N470 Physical presence question

E

efet

New Member
I have been living in the US since 2003 and I got my green card in June, 5 2006. Hence, I will be eligible to apply for citizenship in June 5, 2011.

Due to work reasons, I spent couple of months outside the US in the past few years. My last work travel required me to stay abroad for over 6 months. So I applied for N470 and received an approval. On the approval, the following option was selected for me; The approval of your application allows you to count the period of your absence toward residence in the United States for naturalization purposes, but not toward physical presence.

However, I need my last trip's days spent outside must be counted towards my physical presence or I fall 60 days (considering I need 900 days physically present in the US. Am I wrong here?) short with the physical presence test. There is another option on the approval I received; The approval of your application will permit you to count the period of your absence toward both the residence and physical presence requirements for naturalization, provided that, since becoming a permanent resident of the United States and before you apply for naturalization, you have completed an uninterrupted period of one year of physical presence in the United States.


Can I reapply and request to receive the latter option?


edit: One thing confused me with the physical test. Do I need 900 days spent in the US to qualify or over half the days in the past 5 years which is 1826/2=913
 
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You have to work for the US government to qualify to have your time abroad counted for physical presence.

You need 913 days inside the US in the last 5 years before you apply. Note that each arrival date and departure date count as days inside the US.
 
You must have the minimum physical presence of 30 months in the prior 60 months in the U.S. ON THE N-400 FILING DAY. The N-470 preserves continuous residence in the sense that a long absence will not force you to start counting over again from the beginning or even for the shorter regulatory remedy of waiting 4 years and 1 day.

The N-472 Approval Notice tells you how the law applies to you. The form applies to different sections of law differently depending on specific circumstances. An LPR employee of a U.S. Company is not the same as a person working for the CIA or a clergyman etc...
 
If employee of a U.S. Company work for the "Federal Project" in Afghanistan, then is it possible to re-apply with supporting documents to get "physical presence" eligibility ?
 
My understanding is that you need to be a direct employee of the US govt. (including the military) to have your time working abroad counted for physical presence.
 
N 470 approval with incorrect option?

I got approval of my N 470 with following option checked

"The approval of your application allows you to count the period of your absence toward the residence and physical presence requirements of naturalization"

I have read in this forum that physical presence waiver is not given unless I am a govt employee. Now I am wondering whether this is indeed by mistake of USCIS as I am not a govt employee rather a professional who is running a (private) business.

Should I contact USCIS ? Any suggestions ?

thanks
-manish
 
manish323 said:
I got approval of my N 470 with following option checked

"The approval of your application allows you to count the period of your absence toward the residence and physical presence requirements of naturalization"

I have read in this forum that physical presence waiver is not given unless I am a govt employee. Now I am wondering whether this is indeed by mistake of USCIS as I am not a govt employee rather a professional who is running a (private) business.

Should I contact USCIS ? Any suggestions ?

thanks
-manish
Click to expand...

The granting of the benefits of section 316(b) of the Act shall not relieve the applicant from the requirement of physical presence within the United States for the period specified in sections 316(a) or 319(a) of the Act, except in the case of those persons who are employed by, or under contract with, the Government of the United States as civilian employees.

Under section 316(c) CIA employees get a break as well, and under section 317 missionaries and clergy (of any variety) also get a break.

If you are NOT one of these, then it would appear to be a mistake. InfoPass is probably the best bet to get it cleared up. IF it is wrong then they don't absolutely have to honor it later and you would have to fight it out in court.

That said, are you sure that you don't qualify for it by virtue of a government contract or some odd-ball provision?
 
BigJoe5 said:
The granting of the benefits of section 316(b) of the Act shall not relieve the applicant from the requirement of physical presence within the United States for the period specified in sections 316(a) or 319(a) of the Act, except in the case of those persons who are employed by, or under contract with, the Government of the United States as civilian employees.

Under section 316(c) CIA employees get a break as well, and under section 317 missionaries and clergy (of any variety) also get a break.

If you are NOT one of these, then it would appear to be a mistake. InfoPass is probably the best bet to get it cleared up. IF it is wrong then they don't absolutely have to honor it later and you would have to fight it out in court.

That said, are you sure that you don't qualify for it by virtue of a government contract or some odd-ball provision?
Click to expand...

Thanks for the response I will check wiith Infopass. I cannot be sure as there are many provisions.
 
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