N470

[jays123]

I got my gc in dec 2000

In jan 2002 i lost my job and got an assignment in europe where i was for the past 3 yrs on a rentry permit.

Now i am back in the us with a different company since 2005 june. Now they have transferred me overseas,

this is a difficult decision for me. either i have to quit my job or take this transfer

my concerns are

if an n470 is filed

it takes care of the continuous residence reqmt for naturalization durung my stay abroad.

as far as the physical presence is concerned we need a stay 2.5 yrs in the us after PR- correct ?

will my stay of 1 yr ( jan 2001- jan 2002) count towards the physical presence requirement ?

my stay from june 2005 - june 2006 will add another yr.

that makes it a total of 2 yrs.

If i leave in july 2006 and visit the us periodically will each of these visits add to the count of the physical presence reqmt

any suggestions would be greatly appreciated

thanks

 

[hhyy]

eligibility to file N470

Did you stay in US for 12 months immediately after you got your green card? I have a maximum 18 moths of consecutive stay in US. However, I travel aboard for three weeks right after I got my GC. Am I eligible to apply for it? According to the INS requirement, "...stay in US for consecutive 12 months after receiving green card". My lawyer can not explain whether it's immediatedly after I got my GC or anytime after I got my GC.

I have an oversea assignment that is hard to resist. I just want to come back when needed (FP, interview). I shall be elibigible to apply CZ this June and I have stayed in US for more than four years since I received my GC.

Any input will be helpful.

 

[GeeC]

Did you stay in US for 12 months immediately after you got your green card? I have a maximum 18 moths of consecutive stay in US. However, I travel aboard for three weeks right after I got my GC. Am I eligible to apply for it? According to the INS requirement, "...stay in US for consecutive 12 months after receiving green card". My lawyer can not explain whether it's immediatedly after I got my GC or anytime after I got my GC.

I have an oversea assignment that is hard to resist. I just want to come back when needed (FP, interview). I shall be elibigible to apply CZ this June and I have stayed in US for more than four years since I received my GC.

Any input will be helpful.

I am surprised your lawyer is not able to answer the simple question -- time to change him/her.

It cannot possibly be immediately after getting GC. As long as your travel was temporary in nature, you could travel immediately after getting I-551 stamp.

 

[aashn]

According to the INS requirement, "...stay in US for consecutive 12 months after receiving green card".

Just curious what this means. Could someone explain. I didn't know of such a thing as not being able to travel? I thought as long as the LPR status is approved, that is the passport is stamped, the LPR is free to travel, regardless whether it was a temporary travel or one that exceeds 1 year (of course in the case of latter, the LPR would have to file for the necessary travel documents like reentry permits and such). And when it comes to applying for naturalization the usual rules of continous residency and minimum residency applied. But looks like I'm missing something?