Need Advice on Eligibility for Filing N-400 when on N-470...

N

nrajesh

Registered Users (C)
Gurus, I need your help in identifying my eligibility for applying for citizenship.

Here are my details:

1. Received GC in Aug 2005
2. Spent 3yrs and 8 months physically in US after my GC
3. Got transferred thru my company to India in May 2009
4. Applied and got an Approved N-470 to preserve continuous stay
5. Not applied for re-entry permit. Instead travelled in Nov to US and will travel in May to US - before required 6 months of absence (both trips to NJ)
6. I was an NJ resident since 1999 continuously - till my India assignment.
7. Still hold NJ drivers license. Current forwarding address is a friends address in NJ
8. Will be filing Federal and NJ state tax as Resident

Here is the question:
When I visit in May to NJ, Will I be eligible to file for naturalization. For physical duration, continuous stay etc I already qualify. The only main concern is the 3 months stay in the state/region before applying.

I will be visiting in May for 2-3 weeks. Planning to leave to India to continue my employment and will visit for Fingerprinting, interview, Oath etc as and when they ask me to (expensive but better than losing my job).

Am I eligible...please help. The main concern is the 3 month stay required in the state - are there any clauses for prior residents like me who have approved N-470 and are not physically in the state - due to the current assignment. I do not own any house in NJ - only address changed to my friends apartment.

PLEASE HELP.
 
When was your N-470 approved?
It's not really a good idea to apply while you are on temporary work assignment outside the country, especially since you're not maintaining a primary abode in the district area you're in.
 
You need to physically reside in the US for at least 3 months before you can apply for citizenship. When you are done with your foreign assignment and re-establish a residence in the US for 3+ months, that would be a good time for you to apply. Please don't treat US citizenship as a drive thru process.
 
1. n-470 valid from 5/26/09 to 5/26/11.
2. I have got this info from one of the sites...but not able to find the original source.

Thats incorrect. An I-131 Reentry Permit preserves your GC, while an N-470 is an "Application to Preserve Residence for Naturalization Purposes" (an exact quote from the USCIS forms web page).

Here is the relevant text from 8.CFR.316.5:
(ii) Return to the United States.
If, upon returning to the United States, an applicant returns to the State or Service district where the applicant last resided, the applicant will have complied with the continuous residence requirement specified in § 316.2(a)(5) when at least three months have elapsed, including any part of the applicant’s absence, from the date on which the applicant first established that residence. If the applicant establishes residence in a State or Service district other than the one in which he or she last resided, the applicant must complete three months at that new residence to be eligible for naturalization.


Any thoughts?
 
nrajesh said:
1. n-470 valid from 5/26/09 to 5/26/11.
2. I have got this info from one of the sites...but not able to find the original source.

Thats incorrect. An I-131 Reentry Permit preserves your GC, while an N-470 is an "Application to Preserve Residence for Naturalization Purposes" (an exact quote from the USCIS forms web page).

Here is the relevant text from 8.CFR.316.5:
(ii) Return to the United States.
If, upon returning to the United States, an applicant returns to the State or Service district where the applicant last resided, the applicant will have complied with the continuous residence requirement specified in § 316.2(a)(5) when at least three months have elapsed, including any part of the applicant’s absence, from the date on which the applicant first established that residence. If the applicant establishes residence in a State or Service district other than the one in which he or she last resided, the applicant must complete three months at that new residence to be eligible for naturalization.


Any thoughts?
Click to expand...
That's correct..a reentry permit preserves GC for absences over 1 year, while a N-470 preserves continuous residency requirement for naturalization.
As for the district residency rule, if you return to the same district area as when you left the US you don't have to first reestablish district residency for 3 months before you can apply.
 
I wanted exact interpretation for "if you return to the same district area"...
since my absenses have been < 6 months (and I hold N-470)...can my visit for 3 weeks count as return, and I can apply?
or would I have to move in permanently?
 
nrajesh said:
I wanted exact interpretation for "if you return to the same district area"...
since my absenses have been < 6 months (and I hold N-470)...can my visit for 3 weeks count as return, and I can apply?
or would I have to move in permanently?
Click to expand...

You would have to be returning permanetly to the same district area, not just visiting, before you could apply. Since you have no residential ties to the district area, you'll have to wait until you return for good before you apply.
 
nrajesh,

Were you able to find the solution to your quarry? I am in the same boat. Only difference is that I have re-entry permit and I own house here in the state, utilities are still in my name. Presently, I am in the USA solely for this purpose and would like to know if you had any luck. Please PM me to share your experience. Unfortunately, I cannot stay in the USA for 3 months. My other option is to renew my re-entry permit for anothe couple of years. My overseas assignment and N-470 is for unlimited period of time. I will be meeting an attorney on Monday March 15 for this issue.

Thank you all for your continuous support. Input of all the experts will be greatly appreciated.
Thank you
 
nrajesh said:
Thankyou. But It sounds very unfair.
Click to expand...

(nrajesh & sargodhian)
Sounds pretty fair to me as USCIS has already allowed you to preserve your continuous residence by issuing you the N-470.

The continuous residence requirement is in place to weed out those applicants who may have changed their minds about living in the US permanently.
Citizenship is only granted to applicants who have demonstrated that they have set roots in the US.

Let me put this in another way... the N-470 does not release you from the requirement of demonstrating that you have settled in the US. It just says that a trip of 12+ months does not make you automatically ineligible for Naturalization.
As USCIS cannot gauge your intent to permanently live in the US while you're out of the country on the N-470, they want you to actually return to the US and re-establish your links before they will grant you citizenship.
 
Last edited by a moderator:
Thank you GungaDin,

I hope you realize that N-470 is issued to only those who work for either non-profit, religious, or some of the US corporations that have more than 50% share outside the US. My company made me go to an overseas assignment and my plan is to come back to US, that is why I did not sell my home and utilities are still in my name. My only problem is that this assignment is for unlimited period of time and I am not sure when will I be back to US and until then I will have to renew re-entry permit for me and my wife which cannot be done from overseas because of the fingerprints.
 
You must log in or register to reply here.
Top