N470 & Re-entry permit

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nandan123

Registered Users (C)
It would be extremely appreciated if some folks could help me out. This is my predicament for which I need your clarifications. I had my Green card approved on 06/01/06. I had been in US continously as a Permanent Resident since then till now with just a break of one week in from April-11, 2007 thru April-18, 2007 where I had to accompany my clients on their offshore trip. So calculating, my physical presence in the US till now would be around 15 months.
I am planning to work in India in 2008 for around 1 year due to personal reasons and then come back to USA. My firm is incorporated in the USA and I am being transferred to their offshore facility. I do not want to lose continuity of residence for naturalization purposes. So I am requesting my organization to file N-470. I am also planning to apply for re-entry permit before leaving in Jan 2008.

Please let me know if I am eligible for N-470, my only worry is the one week break in April. But my physical presence in US excluding the absence is around 15 months now and it will be around 19 months when I plan to leave USA.

Is there anyother special precautions that I need to take? I will be leaving in Jan-2008. When should I apply for N-470 and Renentry permit.

Please advice and help me out.
 
N-470 requires one year of interrupted presence in the US prior to applying for the N-470 and after getting the green card. So you are not eligible until April 2008. But you can get a re-entry permit.

All is not lost; you would become eligible for citizenship upon 4 years and a day since returning from your long trip to India (they don't require you to repeat the entire 5 years of continuous residence). So for example, if you are in India from Feb 2008 to Feb 2009, you'd be eligible in Feb 2013. Had you never left the US since your green card was approved, you'd be eligible in June 2011. So your citizenship would be delayed by less than two years as a result of spending the year in India.
 
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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 acquired 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
 
Thanks for the responses. So assuming I leave US on Jan-1 2008 and if I make one short trip to US before 180 days, stay for a week and then leave again and come back in 2009. Will this preserve my continous residence requirements. Will I be eligible for citizenship by June 2011. if I stay for 2 years after coming back in 2009. Please advice.
 
nandan123 said:
Thanks for the responses. So assuming I leave US on Jan-1 2008 and if I make one short trip to US before 180 days, stay for a week and then leave again and come back in 2009. Will this preserve my continous residence requirements.
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For citizenship, probably not. Multiple trips with a short stay in the US in between tend to be viewed as one long trip.
 
I am making just one trip not multiple trip. Leaving on Jan-1 2008, coming back in June and going back. Then I will be back in January. Will this be considered as a long trip.
 
nandan123 said:
I am making just one trip not multiple trip. Leaving on Jan-1 2008, coming back in June and going back. Then I will be back in January. Will this be considered as a long trip.
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I meant multiple trips outside the US. Jan to June is one trip, June to next Jan is another trip. The stay in between is so short, that for citizenship purposes it is as good as (or rather, as bad as) one trip from Jan to Jan. See post 13 in this thread: http://immigrationportal.com/showthread.php?p=1767115
 
Question on citizenship /w re-entry permit

Folks,
My cousin got his GC in July 2004. He applied for his re-entry permit immediately and he went to India for personal reasons. He came back in June 2006. when can he apply for his Citizenship? he does not intend to do long trips anymore - other than atmost 1 month vacation per year

Further more I just got my GC - July 2007. I am planning to spend a little less than 2 years in India from 2010 Jan to Dec 2011 for personal reasons.
Can I apply for citizenship in 5 years time frame If I satisfy 2.5 years presense in the US by July 2012

Appreciate responses
 
r_sundu said:
Further more I just got my GC - July 2007. I am planning to spend a little less than 2 years in India from 2010 Jan to Dec 2011 for personal reasons.
Can I apply for citizenship in 5 years time frame If I satisfy 2.5 years presense in the US by July 2012
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No. The two years in India will break your continuous residence (unless you can get form N-470 approved, which has some strict requirements). You will have to wait until 4 years and a day after returning in 2011 (i.e. Dec 2015).
 
help w/N 470 pls

:confused:

Dear friends

I am a DV 2008 winner from EU ,I am hoping to get my visa by december 2007 .
My case is a bit different if you can help me out .
I am already an employee for very large U.S.A firm in my home country .
This is a joint venture company serving for government in here and holds % 49 shares with a local company .I am with the company for more than 15 yrs
and its work will go on another 5 yrs .
I have planned that after I get my visa I will take a month off from work and travel to states to obtain my GC .
My main future goal has to be for naturalization therefore I would like to apply with N470 FORM to fullfill my intend .
However my question is to you that could this application work for me ?
what are the chances to get approval for my case and preserve the naturalization process .
will they let me to continue with my overseas job or will I find myself in a situation of quitting my present job?

thank you all in advance
regards

Boheme
 
Continuos Presence question

Thanks for the reply !
Need advice on my status as I want to decide one way or other
I just received my GC - July 2007. Due to Personal reasons, we would like to spend close to 2 years in India
whats the best approach from a citizenship perspective?
Does going to India right-away (Like 2008 Jan to Dec 2009) be more beneficial than going around 2010 to 2011

appreciate the response
 
BOHEME said:
I have planned that after I get my visa I will take a month off from work and travel to states to obtain my GC .
My main future goal has to be for naturalization therefore I would like to apply with N470 FORM to fullfill my intend .
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You have to be physically present in the US for a solid year (with no trips outside the US) before you can apply for N-470.

You first need to be concerned with preserving your green card, once you get it. If you only come to the US for one month, then leave again for a long time, they may say you never started residing in the US in the first place.
 
Jackolantern said:
You have to be physically present in the US for a solid year (with no trips outside the US) before you can apply for N-470.

You first need to be concerned with preserving your green card, once you get it. If you only come to the US for one month, then leave again for a long time, they may say you never started residing in the US in the first place.
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JACKOLANTERN
Thank you very much

best wishes to all
 
Update on N-470 and Re-entry Permit

Hello Everyone,

I applied for N-470 at my local USCIS office and re-entry permit at Nebraska district office last week and yesterday I got acknowledgement of application and receipt for payment in the mail. I will update you with their decision. I applied on my own with the help of this wonderful forum.

Regards
 
Hi Sargodhian,
I am interested to know if you found the answer to one of the questions in your earlier posts regarding the physical presence of 1 year prior to applying N 470. If I had 1 continuous year of physical presence in US sometime after I got the GC, but recently made a trip abroad, can I apply for N 470 next month or do I have to wait another year?

Also,I am into software and not specifically into business or sales that will directly help the US firm business grow. Any idea if this can disqualify me from applying from N 470?

Thanks much !
 
sargodhian said:
Hello Everyone,

I applied for N-470 at my local USCIS office and re-entry permit at Nebraska district office last week and yesterday I got acknowledgement of application and receipt for payment in the mail. I will update you with their decision. I applied on my own with the help of this wonderful forum.

Regards
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What the reason did you list in your N-470 and I-131?
 
smushti said:
Hi Sargodhian,
I am interested to know if you found the answer to one of the questions in your earlier posts regarding the physical presence of 1 year prior to applying N 470. If I had 1 continuous year of physical presence in US sometime after I got the GC, but recently made a trip abroad, can I apply for N 470 next month or do I have to wait another year?
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Yes... the one year doesn't have to be the year leading up to your departure date.

Also,I am into software and not specifically into business or sales that will directly help the US firm business grow. Any idea if this can disqualify me from applying from N 470?
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I don't see why it would be a problem. It doesn't really matter what type of job, as long as it meets the criteria listed on the N-470 instructions.
 
Thanks for responding to my question. Here is the reason I ask if the job type matters when applying for N 470...I am working in Information technology which basically supports business. The job does not directly grow the business instead it helps keep the computers running for business. As the N 470 indicates one of the possible reqirements is for the growth of commerce for an American firm, I am not sure how well a job profile like IT will fulfill the requirement

Regards
 
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