presence test for naturalization (N-400)

L

lost123

Registered Users (C)
Dear colleague,

I am an aspiring N-400 applicant, waiting to pass the 3 months state requirement before I can submit my N-400.

I obtained by GR through my father as he was sponsored by an employer. We officially became residents, in April 05. Since then, with the easy access to traveling, I have done just that. I have been out of the country, 3 times for a non-degree university program (once for 2 months and the others for 4 months). Then, I moved to abroad and got a temp. job with an UN-agency, for a period of 9 months. Within those 9 months, I visited the US twice, and I stayed no more than 1 week here. I have a reference letter from my boss and copies of payment checks that was issued to me.

Counting back 5 yrs from now, I have accrued about 1,000 days out.

I called USCIS and they mentioned that the time I spent working for an UN-agency, can be exempted but I am worried about it.

Can you please give me some advice on how to approach this situation? I am worried on how to fill out the form section regarding continuous/physical presence. Should I exempt the work days or should i write a cover letter, citing also the legislation allowing to be exempt?

Many thanks



I must also thank you for sharing your experiences, which bring readers hope and tranquility.
 
You can't count on the UN agency work being counted towards your presence in the US, as you didn't have an N-470, and an informal evaluation given over the USCIS phones doesn't mean the interviewer will think the same way for an official application. The person on the phone hasn't seen the written details of your job arrangement, and many of them are poorly trained.

Why not just wait an extra 90-100 days so you can be sure you'll have the required 913 days of physical presence, regardless of that 9 months with the UN job?
 
Jackolantern said:
You can't count on the UN agency work being counted towards your presence in the US, as you didn't have an N-470, and an informal evaluation given over the USCIS phones doesn't mean the interviewer will think the same way for an official application. The person on the phone hasn't seen the written details of your job arrangement, and many of them are poorly trained.

Why not just wait an extra 90-100 days so you can be sure you'll have the required 913 days of physical presence, regardless of that 9 months with the UN job?
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I agree with Jackolantern re- UN and other points....It is very unlikely UN work (unless performed as reperesentative of US GOV /US Gov agency) would count as US presence. Safer approach is to do allow extra time to pass to preempt the questions and risks re-residency rules.
 
I'm looking for NGO work right now, and I was looking at the UN website, where it says, regarding permanent residents, that working for an international organisation like the UN might have adverse effects for PR status. Is this true? I'm surprised the CIS operator said the opposite.
 
cafeconleche said:
I'm looking for NGO work right now, and I was looking at the UN website, where it says, regarding permanent residents, that working for an international organisation like the UN might have adverse effects for PR status. Is this true? I'm surprised the CIS operator said the opposite.
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Extended stay/visit, outside of United States may jeopordize your PR status:

http://www.uscis.gov/portal/site/us...nnel=3f443a4107083210VgnVCM100000082ca60aRCRD

For extended stays, you may consider applying for re-entry permit in which you may explain why you need to be outside of US (working for UN, etc.)

www.uscis.gov/files/form/i-131.pdf
 
cafeconleche said:
I'm looking for NGO work right now, and I was looking at the UN website, where it says, regarding permanent residents, that working for an international organisation like the UN might have adverse effects for PR status. Is this true? I'm surprised the CIS operator said the opposite.
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it may have adverse effects if you are working outside the US and without an N-470. working for the UN while in the US will not affect your continuous residence.
 
I wasn't talking about continuous residence. I just read somewhere on the UN Jobs site that as a US LPR, working for an international organisation may have adverse effects on your LPR status as a whole, not specifically with continuous residency or physical presence. I only brought it up because I was surprised that CIS told the OP that the time outside of the US working for the UN could be written off, that's all.
 
cafeconleche said:
I wasn't talking about continuous residence. I just read somewhere on the UN Jobs site that as a US LPR, working for an international organisation may have adverse effects on your LPR status as a whole, not specifically with continuous residency or physical presence.
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Can you post a link so we can see the context and wording? I'm sure they must be referring the international travel that is required for many positions in the UN, not that staying in the US to work for them would affect your LPR status.
 
cafeconleche said:
No no, I know that. I'm in NY, and I meant working for them here in the US.
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Cafe,

It is a baloney in a shopping cart what you heard!!! You can work for any UN based organization in the US without any problems, the only issues is that you will be exempt from US taxation. If you move abroad with the job, then you will need to procure necessary documentation to maintain your US residency presence, which could be a N470 or maintain your name on utility bills, bank accounts, pay stubs.
 
Al Southner said:
Cafe,

It is a baloney in a shopping cart what you heard!!! You can work for any UN based organization in the US without any problems, the only issues is that you will be exempt from US taxation. If you move abroad with the job, then you will need to procure necessary documentation to maintain your US residency presence, which could be a N470 or maintain your name on utility bills, bank accounts, pay stubs.
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re: the taxation issue - I'm not sure UN workers are exempt from taxation - they just have to file all the taxes themselves because the UN doesn't withhold taxes. (UN or not, the IRS demands its pound of flesh)
I forget who, but one of Obama's nominees had to back pay their income tax from their UN stint before they could be confirmed.
 
GungaDin said:
re: the taxation issue - I'm not sure UN workers are exempt from taxation - they just have to file all the taxes themselves because the UN doesn't withhold taxes. (UN or not, the IRS demands its pound of flesh)
I forget who, but one of Obama's nominees had to back pay their income tax from their UN stint before they could be confirmed.
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American citizens working for all UN backed agencies are required to pay taxes. All other nationals including LPR are exempt from paying taxes on incomes earned from UN organizations. However, LPR who hold other jobs with US companies are required to file for taxation based on that income. Tim Geithner worked for the IMF, which like the World Bank Group gives all US citizens tax allowances to offset their tax obligations to the IRS, what Tim Geither did was to keep the tax allowance and never file taxes as required by law, hence he was baked and grilled by Senate before confirmation.
 
Yah, I'm searching for the page where the information was, but obviously, I can't find it when I need it, hehe. But, could the taxation issue be a problem, hypothetically? I mean, you're an LPR, but you're not contributing to the IRS, so what do they need you for?
 
Al Southner said:
American citizens working for all UN backed agencies are required to pay taxes. All other nationals including LPR are exempt from paying taxes on incomes earned from UN organizations.
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There is no blanket tax exemption for all UN income of LPRs. It is specific to the agreement each UN agency has with the US government, and also dependent on the specific type and level of job. UN employees who are LPRs need to contact the relevant authorities to determine if the tax exemption is applicable to them.
 
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