Overseas assignment for non-US company - impact on naturalization

dudejr

New Member
Hi, I would sincerely appreciate your advice on my situation/questions below

Current situation

1. Working for non-US (Dutch) company
2. Have had GC since Apr 2002
3. Requested to relocate to Europe for 2-3 yr assignment
4. Have applied for re-entry permit (as recommended by company lawyer)
5. Plan to come back to the US every 6 months for 2 weeks to 1 month
6. Company lawyer has told me that I am not eligible for N-470 since company is not US-based
7. I have read (and re-read) the CIS guide to Naturalization, and think I understand almost all of the requirements
8. During the assignment, I plan to keep/rent my house, maintain bank accounts/credit cards, have a valid drivers license, pay my US taxes, maintain US address etc.
9. I have a letter from my company indicating that I do not plan to emigrate to Europe and will return to the US upon completion of my assignment
10. I have checked all my overseas trips to date, and have more than the required 30-month physical presence requirement
11. Puts me in a bind as I am "so near yet so far"

Questions

1. Based on my above info, in your opinion do I meet the continuous residency requirement (re-entry permit, frequent visit to US, etc.) and physical presence requirement (already more than 30 months in US)
2. During the course of this year, if I make at least 2 trips to the US, will I be eligible to file for my citizenship by Jan 2007 (assuming that I can file 3 months prior to my 5 yr anniv).
3. Do I need to be resident in my state for 3 months immediately prior to my application? In other words, does the 3 month rule of being resident in my state apply during the course of 5 yrs or immediately prior to applying. This is one area that really confuses me as I have not seen a conclusive position on this
4. Do I have to remain in the US from the application filing until I receive my Oath? How long does this usually take in the TSC?
5. If I cannot do any of the above, am I stuck with the 4 yr + 1 month situation upon completion of my assignment :eek:
 
So does that mean no foreign travel at all for 3 months before one can apply for citizenship? This doesn't sound very convincing...
 
dudejr,

JoeF made a good point saying that residence is not the same as physical presence. Since you still have you house in the US and bank accounts and you are paying taxes, you can claim that your house in the US is your primary residence and whereever you are staying in Europe is temporary stay due to temporary job assignment. From this point of view you never change you residence and can file N400 as soon as you have 4 y 9 m of PR.
In any case, you better consult with a good lawyer. Just be careful and check that lawyer is really good. So many of immigration lawyers are incompetent!
 
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