Taking overseas job

bholeyr

New Member
I was granted EB Green Card on 7/01/2008. Since then I am consistently working in United States (with some short trips to Canada, no more then 2-3 weeks). I plan to file N400 on 4/1/2013 (after completing 5 years minus 90 days).

I have an excellent job offer from Singapore with lots of growth opportunity that I really want to accept. It is obvious that I still have to complete another 1.5 year to apply for N400. My internet search so far portraits a mix picture. Here is what I plan to do to keep my ties with US:


I plan short trips (no more then a week) to US within each 6 months (for a few days) to keep my presence un-interrupted
I have a house that I plan to keep while I am out of US.
My wife and kids will remain in US.
I will have utilities (water, electric, internet etc) in my name
I’ll file US resident tax
I’ll keep my US Driver’s License, Credit cards and financial accounts running
I’ll keep my retirement accounts funded

My concern is that obviously I’ll be taking a job overseas which is in contravention of permanent resident’s concept. Is there anything that can I do to make this move less riskier ? Any tips or suggestions will be highly appreciated. Thanks
 
Is the overseas job offered by a US company? Will this job have a specific time frame, like a 2-year contract, after which they'll expect you to leave Singapore? Or is the job permanently based in Singapore?

I was granted EB Green Card on 7/01/2008. Since then I am consistently working in United States (with some short trips to Canada, no more then 2-3 weeks). I plan to file N400 on 4/1/2013 (after completing 5 years minus 90 days).
5 years minus 90 days would be 4/2/1013. USCIS will reject you for applying just one day too early.
 
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Thank you for the correction. Yes it will be 4/2/2013.:)

Employer is not a US Company. Job offered on a contract base. Currently offered for 2 Years after which I am expected to leave Singapore.
 
Thank you for the correction. Yes it will be 4/2/2013.:)

Employer is not a US Company. Job offered on a contract base. Currently offered for 2 Years after which I am expected to leave Singapore.

Basically you are setting yourself up for a fairly likely N-400 denial.
Things like maintaining bank accounts and credit cards and filing U.S. tax returns carry rather little weight in establishing continuous residency (although if you do not file a U.S. resident tax return, that does carry a substantial implication of breaking continuous residency and possibly even abandoning GC status).
The facts that your immediate family will stay in the U.S. and that you'll keep a house in the U.S. are much bigger pluses in terms of demonstrating continuous residency. However, accepting a fairly long-term job abroad (2 years is quite long by immigration standards) is a very big minus, especially since you will not keep a U.S. job while you are away abroad.
It is hard to say how the IO looking at your case will decide the continuous residency issue, but it seems to me about a 50-50 situation.

If you apply for a reentry permit before departing the U.S., that would be a small plus for your case, and will at least serve to preserve your GC status. If you can take an unpaid leave of absence from your current U.S. job instead of resigning your position, that would be a substantial plus, particularly if you resume that job after returning from Singapore.
 
Your risk of denial will be significant, but you can help to reduce the risk by ensuring no trip is longer than 6 months, and you should wait 6-12 months after end of the long trips before you apply for naturalization.

Otherwise if you apply when you're still working there or immediately after you return, it creates the impression that you've made a permanent relocation and now you're just trying to get citizenship before you leave the US for good. Staying in the US for several months after the traveling ends would help to avoid creating that perception.
 
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