N470 & Re-entry permit

Sorry for late response.

Smushti,

As Jackolantern said "the one year doesn't have to be the year leading up to your departure date." I think you should not have any problem as long as you have one uninterrupted year of physical problem from the day you became LPR.


Compiler,
I told what was the truth which is company is temporarily relocating me to their Dubai branch for sale and technical support.

I totally agree with Triple Citizen

Good luck everyone
 
Compiler,
I think the N-470 requires I-131 because any employment outside US can be more or less than an year. If it is more than an year, your GC will will be considered abandoned if I-131 is not filed. I wish there was a flowchart for all this :)

Sargodhian and Triple citizen, thanks much for your responses. A quick clarification please....I went abroad within the one year I got my GC but after that spent more than an year continuous in US. Could that be possibly a problem to apply for N 470 as I went abroad within the first year of getting the GC? I guess I am magnifying things but at the same time also dont want to assume much !

Thanks
 
You have to spend one full year physically present in the US. It does not have to be your first year, or the preceding year, it can be any period as long as it is one full year. You should be ok.

smushti said:
Sargodhian and Triple citizen, thanks much for your responses. A quick clarification please....I went abroad within the one year I got my GC but after that spent more than an year continuous in US. Could that be possibly a problem to apply for N 470 as I went abroad within the first year of getting the GC?
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smushti said:
Compiler,
I think the N-470 requires I-131 because any employment outside US can be more or less than an year. If it is more than an year, your GC will will be considered abandoned if I-131 is not filed. I wish there was a flowchart for all this :)

Sargodhian and Triple citizen, thanks much for your responses. A quick clarification please....I went abroad within the one year I got my GC but after that spent more than an year continuous in US. Could that be possibly a problem to apply for N 470 as I went abroad within the first year of getting the GC? I guess I am magnifying things but at the same time also dont want to assume much !

Thanks
Click to expand...
I see. But, where did you see and how you know "If it is more than an year, your GC will will be considered abandoned if I-131 is not filed"?
 
compiler said:
I see. But, where did you see and how you know "If it is more than an year, your GC will will be considered abandoned if I-131 is not filed"?
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That is all over the web. Search for words like "maintaining green card", "abandoned permanent residence", "reentry permit".
 
Compiler,

I filed N-470 to preserve my continuous residence status and I-131 to maintain my Green card, as I will be absent from USA for more than a year.
 
Jackolantern said:
That is all over the web. Search for words like "maintaining green card", "abandoned permanent residence", "reentry permit".
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Keep LPR is different from eligible for the citizenship. Can you help me to find the law or regulation that one must file an I-131 to keep his LPR if staying abroad for more than one year?
 
compiler said:
Keep LPR is different from eligible for the citizenship. Can you help me to find the law or regulation that one must file an I-131 to keep his LPR if staying abroad for more than one year?
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I don't know where to find the actual law, but page 2 of the I-131 instructions has the following:

"NOTICE to permanent or conditional residents who remain outside the United States for more than one year: If you do not obtain a reentry permit and remain outside the United States for one year or more, it may be determined that you have abandoned your permanent or conditional resident status."
 
So, there is no law or regulation requiring one must file an I-131 but the CIS can determine whether one has abandoned his permanent or conditional resident status or not if no I-131 filed. Next question is whether the Form I-131 is the only fact that the CIS can determine one has abandoned his PR status or not. Have you seen or heard an LPR reentered the USA after one year without filing I-131? What facts on earth does the CIS determine the abandonment of PR status for one traveling abroad more than one year, only I-131 or more? Do you know it?
 
compiler said:
So, there is no law or regulation requiring one must file an I-131 but the CIS can determine whether one has abandoned his permanent or conditional resident status or not if no I-131 filed.
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I didn't say there is no law or regulation about it. I only meant I couldn't find the specific law. I am sure there is a law about it, as I even remember reading a court decision related to it.

Bottom line is that if you leave the US for more than a year without a re-entry permit, losing your green card is almost automatic (unless the absence was due to certain activities for which re-entry permits are not required, like being in the US military). You will have to prove that your trip was intended to be less than a year but circumstances beyond your control extended the trip beyond a year, such as illness, or being held against your will.
 
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Hopefully you can find the law or regulation and then post it here that leaving the US for more than a year without a re-entry permit will lose your green card automatically. There is another question for you. Can filing I-131 automatically guarantee one reenters the USA (after one year) without problems? Plus, can anyone help to answer the unanswered question: What facts on earth does the CIS determine the abandonment of PR status for one traveling abroad more than one year, only I-131 or more?
 
I am not going to search for the exact regulation. If you don't believe me or the I-131 itself or the dozens of web sites that say the same thing about leaving the US for more than a year, ask a lawyer to find it for you.
 
If you want professional advice and need to know which section X article Y refers to traveling outside the US for more than a year, find a lawyer. Or forget about it and travel outside the US as long as you want. It's your life, you deal with the consequences.
 
Study the questions before reciting ABC. What facts on earth does the CIS determine the abandonment of PR status for one traveling abroad more than one year, only I-131 or more? Can filing I-131 automatically guarantee one reenters the USA (after one year) without problems? How does the law/regulation define the abandonment of LPR status?
 
Do you have a sample letter which employerneeds to file with N-470?

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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Do you have a sample letter which employerneeds to file with N-470?

Thanks
 
Current processing times of N 470 and reentry permit

My employer wants me to file for N 470 and reentry permit since I *may* have to start working from my home country after 5 months. The processing times of N 470 and reentry permit do not seem to be a part of the visa bulletin. How do I monitor that?
Can I just file and reentry permit and N 470 and if approved use it whenever I want (reentry permit is valid within 2 years from the date of issuance as I understand).
Any pointers are welcome
 
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