Staying outside US

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lfmsong

Registered Users (C)
Hi Guys,

Got a lot of help here throught out the WHOLE process from day one, now finally seem to see light at the end of tunnel.

But still one more quesion, hopefully someone can help:

Now I have got my GC for 5 years, but the first 2.5 years, I was sent to work oversea most of the time (none of the trips was more than 6 months though). I figured by doing this, I might have to do this traveling back to the States everything 6 months thing forever. So I quited and came back to work here in the States. The last 2.5 yrs, I stayed in the US without a single day outside.

Question is, I heard someone said in this case, there may be a delay due to additional background check, is this true?

Now that I am filling now, am I free to work oversea again?

Thanks again for any comments. Appreicate as always.

Take care

Lfm.
 
Your delay might be with breaking continuous residence for naturalization purposes. Did you spend more than 6 months of any year outside the US? Coming back to the US every five months and staying for a short time does not preserve continuous residence for naturalization purposes. While one single trip of 5 months won't break continuous residence, multiple trips of that length with only a short gap in between often will, as it will be viewed as one big long trip.

Luckily, you don't have to redo another whole 5 years after finally returning from your long trips. You'll become eligible upon 4 years and 1 day since your return, which would be 1.5 years from now. But additionally, you need to maintain continuous residence from the point of applying for citizenship until the citizenship is approved. Working overseas for an extended time after applying for citizenship is a big no-no, unless it meets one of the few acceptable conditions like working for the US government etc.

My answers are based on the assumption that you want to obtain US citizenship, as this is the US citizenship section of the forum.
 
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I think Jackolantern is so right in his post ;)

I would just say that if you have extra money to spare there shouldn't be much harm in applying now, you might be able to convince the IO that your stay of 2.5 years without a single day out compensates for your stay out of the country at the beginning of your permanent residency. I would think that latest behavior is more significant than past behavior. If everything works alright for you you'll get naturalized, otherwise you can apply at the 4 year mark as Jackolantern mentioned.

My 2 cents.
 
Jackolantern and Huracan,

Thank you so much for offering the advise.

I was under the impression as long as a single trip does not last longer than 6 months, I would be OK. Apparently I am wrong -- this throws off the whole plan I have going work overseas again.

I did worked for a US company, on an expatriate assignment. Really didn't realize the impact to my citizenship application. I already had 2 yr post-GC staying prior to accept the overseas assignment. Too bad, big mistake.

No sure if asking a lawyer will help -- I might try that too.

Again, thanks for your kind help. I find this forum is really a nice place to get help and advise....thanks again.

lfm.
 
lfmsong said:
I was under the impression as long as a single trip does not last longer than 6 months, I would be OK.
Click to expand...
Well, that is technically correct; a single trip of under 6 months won't hurt. It is *multiple* trips of almost 6 months that causes the problem. See post 33 of this thread, which has a reference to USCIS guidance on the situation:
http://www.immigrationportal.com/showthread.php?p=1763578#post1763578

It does help that you worked for a US corporation, however you didn't file for the N-470 to preserve continuous residence when working overseas for a US corporation. It also helps that you have been here for the past 2.5 years with no breaks. It will be up to the immigration officer's discretion to decide whether continuous residence was broken. If you are not going to work overseas again for a long time after applying for citizenship, it might be worth applying now, as long as you are willing to risk the extra money that would be spent if you are denied and have to reapply or appeal.
 
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lfmsong,

The six month thing really doesn't work - the only possible exceptions that we've seen reported here are for students studying overseas. Recently there have been two or maybe three firsthand reports of denial due to breaking residence in the way you describe. Not trying to scare you - just inform you what might happen. At the end of the day however, it all comes down to the IO.
 
Jackolantern said:
... But additionally, you need to maintain continuous residence from the point of applying for citizenship until the citizenship is approved. Working overseas for an extended time after applying for citizenship is a big no-no, unless it meets one of the few acceptable conditions like working for the US government etc. ...
Click to expand...

Not trying to hijack the thread, but i have a related qn..
My husband got the citizenship last month. We both got the GC together in 2000. I sent in my n400 last week. Now, husband got a nice offer from an indian company and he is thinking of accepting it. What are my choices? I was thinking - since i already completed my 5 years here, i can go to india, comeback within 6 months, and again go .. and wait for the IL to come. We will still be keeping the house and accounts etc..
Are you saying this is a stupid idea?
Please, give me some directions..

Thanks
Anita
 
anita_jojo said:
Not trying to hijack the thread, but i have a related qn..
My husband got the citizenship last month. We both got the GC together in 2000. I sent in my n400 last week. Now, husband got a nice offer from an indian company and he is thinking of accepting it. What are my choices? I was thinking - since i already completed my 5 years here, i can go to india, comeback within 6 months, and again go .. and wait for the IL to come.
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Coming back every six months for a short time won't help much. Continuous residence must be maintained during the 5-year period prior to applying for citizenship, plus the time from applying until approval.

If you want citizenship soon, you should stay in the US until your citizenship is approved, taking short visits to India ... not the other way around where you stay in India and take short visits to the US.

If you do plan on going to India for a long time anyway, you should at least get a re-entry permit to preserve your green card. It won't preserve your citizenship eligibility though.
 
I agree with Jackolantern that it would seem a better strategy that you stay behind during your naturalization and your husband goes and takes the job in India. Depending on your luck and the district office you are in you can do the naturalization in a few months.
 
Hi, guys,

Thanks a lot for your explanation -- I will wait for another year and half.

The reason I want to get the citizenship asap is that I again have a chance to work overseas for the company.

Can I file a N-470 and go and still can file N400 after 1.5 years and get the citizenship?

Thanks,

Lfm.
 
lfmsong said:
Can I file a N-470 and go and still can file N400 after 1.5 years and get the citizenship?
Click to expand...
Yes, if your N-470 is approved (you don't need to wait for its approval before you leave the US). Otherwise, if it is rejected you have to wait 4 years and a day since coming back from the overseas job.
 
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