Returning to the US on N-470

[gausman]

Hello,

I have been out of the country on an N-470 filed by my company (listed on NASDAQ). I plan to return to the US in August '09 and start the process of naturalization (N-400). My wife and kids are in India and will stay there till the end of the school year (April '10).

I anticipate that ... after establishing 'residency' in the US (90 days in Chicago) ... and filing my N-400 application, I will get an interview date sometime in March/April '10.

My kids already have US passports. My wife is on a green card (with a valid re-entry permit).

QUESTIONS:

1. Will my wife face any problems coming back into the country (she has been out of the US for almost 365 days - but has the re-entry permit)?

2. Will there be any problems with my naturalization interview given that my wife is not applying along with me (she would need to establish her 'residency' again and go through the whole process which would take several months)?

I'm hoping that this is not a unique situation, but I've not found too much information on this on the forum.

Please help!

Thanks!

G

 

[eltoro]

You wife will not have problems coming back. There will be no problems at the interview concerning your wife.

Did she apply for N-470 also before she left? If not, she most likely will not be eligible to file N-400 for 3 years since you become a citizen.

 

[new_LPR]

How long were you out of US for?

Did you stay out of US for over 6 months in the last 5 yrs? If so , your clock for 5 yrs residency resets to your last trip over 6 months and you will have to wait a long time.

As far as getting into US is concerned, you or your wife will not have problems since you have reentry permit.

 

[coolguy446]

Quoting from N-470 form:

You should use Form N-470 if you are a lawful permanent resident (permanent resident) who will be absent from the United States for more than one year due to qualifying employment and you want to preserve your residence fornaturalization purposes.

Please note that in most cases you must have been physically present and residing in the United States for an uninterruptedperiod, without any absences whatsoever, for at least oneyear after your admission as a lawful permanent residentbefore you can file a Form N-470.

You do not have to be in the United States to file Form N-470,but you must file it before you have been absent for acontinuous period of one year.

Quoting from N-400 guide:

You may keep your continuous residence if you have had at least 1 year of unbroken continuous residence since becoming a Permanent Resident and you get an approved Form N-470 before you have been out of the United States for 1 year.

So a person is eligible to file for N-470 if you reside in US for 1 year continuously (without any trips outside US during this 1 year period) after you become Permanent Resident. A person can file N-470 even if he or she is outside US but the stay outside US has to be < 1 year before the application and also the application needs to be approved before the stay outside US is < 1 year.

 

[gausman]

Hey guys ... my wife and I already have an approved N-470.

I have a 're-entry permit' (N-470) through my work. My wife is also covered by the same N-470. This was done about 18-months ago and so she has been living outside the US while still having a valid 'Green Card'. She last came to the US in March '08.

The issue is:

- I am going to re-establish my US residency by getting an apartment lease in August ... BUT she is going to remain in India with the kids till end of their school year in April 2010. When I apply for my naturalization (N-400) in November '09, my N-470 is cancelled.

Since my wife is on my N-470, my worry is that when she re-enters the US in April 2010, she may have problems due to the fact that the N-470 has been cancelled.

Any inputs on this?

Thanks!

 

[coolguy446]

Hey guys ... my wife and I already have an approved N-470.

I have a 're-entry permit' (N-470) through my work. My wife is also covered by the same N-470. This was done about 18-months ago and so she has been living outside the US while still having a valid 'Green Card'. She last came to the US in March '08.

The issue is:

- I am going to re-establish my US residency by getting an apartment lease in August ... BUT she is going to remain in India with the kids till end of their school year in April 2010. When I apply for my naturalization (N-400) in November '09, my N-470 is cancelled.

Since my wife is on my N-470, my worry is that when she re-enters the US in April 2010, she may have problems due to the fact that the N-470 has been cancelled.

Any inputs on this?
Thanks!

N-470 is different from ReEntry permit. N-470 does not expire whereas REP does expire. N-470 is not a document that can be used for ReEntry into US and is related to preserving continuous residence for naturalization purposes.

 

[Bobsmyth]

I anticipate that ... after establishing 'residency' in the US (90 days in Chicago) ... and filing my N-400 application, I will get an interview date sometime in March/April '10.

If you are returning to the same district area before you left (and you previously established residency in that district area) , you do not need to re-establish 3 months of residency upon your return with a N-470.

1. Will my wife face any problems coming back into the country (she has been out of the US for almost 365 days - but has the re-entry permit)?

She shouldn't have any issues returning if she has a reentry permit (I-131).

2. Will there be any problems with my naturalization interview given that my wife is not applying along with me (she would need to establish her 'residency' again and go through the whole process which would take several months)?

If you are applying on your own, your wife's residency have no effect on your application.

 

[blkhawk]

N-470 is different from ReEntry permit. N-470 does not expire whereas REP does expire. N-470 is not a document that can be used for ReEntry into US and is related to preserving continuous residence for naturalization purposes.

N-470 does expire. Mine expires in Sep 2009 but I am back in the USA after spending 18 months in Australia. I sent my N-400 package on Aug 12 (5 days post my return). I didn't have to re-establish residency first since I am back to the same town I lived in before moving to Australia. Also, I didn't have any trips overseas lasting 6 months or more.

According to USPS mail tracking, USCIS has received my N-400 package but my check hasn't been cashed yet and I haven't received the return receipt. I am hoping this will happen some time this week (being optimistic ).

I will keep you posted.