Preservation of naturalization

C

chandler825

Registered Users (C)
Hello All

Need a clarification on the preservation of naturalization as I am planning to move back to India for a period of 2 years. I was granted my GC in April 2003 & I have stayed for 3 years in the US using my green card status. I now want to move back to India & do I have to get a job with a US employer who has India operations or can work for anyone. I am not sure of this - I saw this note related to the Preservation of Residence *******

*******Even individuals absent from the US for more than one year may sometimes be able to preserve residence for naturalization purposes. One common means of preserving residence is available for individuals physically present and residing in the US for at least one year after becoming a lawful permanent resident. Thereafter, these individuals must be employed by or under contract with:

* the US government;
* an American institution of research recognized by the Attorney General;
* an American firm (or its more than fifty percent owned subsidiary) engaged at least in part in the development of the foreign trade and commerce of the US; or
* a public international organization of which the US is a member by treaty or statute.

CJ :confused:
 
A temporary absence of one year or more (but less than two) requires a re-entry permit to return to the U.S. The law requires that every permanent resident pay taxes, even if one is abroad for more than a year (even with a REP). There is no legal requirment to maintaining ties, but usually a good idea if you are able to.
 
I just want to add that most people can't apply for N470 as it requires that the person stayed in the US for an entire year : the instructions say that any trip outside the US is eliminatory ( even for two days ).
 
Will a US reentry permit I-131 form suffice

Thanks for the responses.

Now I am wondering if I should even file a N470 when all I need is a reentry permit (form I-131)after 2 years outside USA. I plan on keeping my US residence. Do I need to file my US taxes to maintain US residency while I am away with an approved reentry permit.

Appreciate if you can post your views.

CJ :confused:
 
Take a look at the question " anyone ever got a job overseas from US company".
You will realize that the I131 and N470 are two different things:
The N470 protects the time requirement for the naturalization ( continuous residency ) whereas the I131 protects the GC for up to 2 years ( if first reentry permit ).

Example: you have had a GC for 4years but took trips ( business or personal) abroad. Thus, no N470 . You could be eligible for N400 next year. However, if you go now for an assignment abroad, you would "loose" those 4 years towards citizenship.

Always file US federal taxes as a resident when a LPR, even if you live abroad : your stay has to be temporary by nature so that you don't abandon your LPR status.

The instructions for form N400 say that a way to prove that you did not interrupt your continuous residency is to file your taxes. But, the more you can proce, the better : taxes, bills, bank accounts ....

Unless you are eligible for N470, all trips for more than a year will break the continuous residency requirements for N400.
 
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