temp employment opp outside of US?

DWQY

Registered Users (C)
hi, experts

what impacts will it have to pursue a temp employment opp ( for less than 1 year) outside of US on the citizenship application? assuming the continuous residence and physical residence requirements are all met in the last 5 years.

Ties with US include family members staying back, house, bank accounts, and pretty much everything else. have no intention to abondon us residency, but want to get over the challenging job market.

anyone with similar experience. please advise. thanks!!!
 
what impacts will it have to pursue a temp employment opp ( for less than 1 year) outside of US on the citizenship application? assuming the continuous residence and physical residence requirements are all met in the last 5 years.
Once you take up foreign employment, you cannot assume that continuous residence has been met, because foreign employment is one of the conditions that may materially affect the determination of your continuous residence.

Ties with US include family members staying back, house, bank accounts, and pretty much everything else. have no intention to abondon us residency, but want to get over the challenging job market.

If you keep your trips under 6 months, and terminate the foreign employment in less than a year while maintaining those ties to the US, you should still have a good chance of approval, but there is no guarantee.
 
hi, experts

what impacts will it have to pursue a temp employment opp ( for less than 1 year) outside of US on the citizenship application? assuming the continuous residence and physical residence requirements are all met in the last 5 years.

Ties with US include family members staying back, house, bank accounts, and pretty much everything else. have no intention to abondon us residency, but want to get over the challenging job market.

anyone with similar experience. please advise. thanks!!!

Is the temp employment with a US company? What evidence do you have that you will be maintaining your US residence while you are out of US?
 
possibly with a US HQed company, but still it is a local hire and pay. I think that N-470 doesn't apply here.

as I said, I will maintain everthing I currently have in US house, tax filing, etc. again, my family member will remain in US.
 
with US job market being like this in the last couple of years, I suppose a lot of guys choose to pursue better job opps back in their home countries. I was expecting more of empirical evidence wrt the outcome of N-400 applications. Thanks
 
I was expecting more of empirical evidence wrt the outcome of N-400 applications.

Why? It's over six months, which means that there is a rebuttable presumption that continuous residence was broken. Therefore, no one can give you an authoritative answer either way - it depends on the facts of your case and the adjudicator's determination from them.
 
DWQV,

You have at least suggested that the job is with a foreign company but that it was somehow headquartered in the U.S.

Might the employer be a wholly-owned or majority-owned subsidiary of a U.S. company/corporation?

First 2 parts of the holding in Matter of Chawathe:

(1) For purposes of establishing the requisite continuous residence in naturalization
proceedings pursuant to section 316(b) of the Immigration and Nationality Act, 8 U.S.C.
§ 1427(b) (2006), a publicly held corporation may be deemed an “American firm
or corporation” if the applicant establishes that the corporation is both incorporated
in the United States and trades its stock exclusively on U.S. stock exchange markets.

(2) When an applicant’s employer is a publicly held corporation that is incorporated in the United States and trades its stock exclusively on U.S. stock markets, the applicant need not demonstrate the nationality of the corporation by establishing the nationality of those persons who own more than 51% of the stock of that firm. Matter of Warrach, 17 I&N Dec. 285, 286-87 (Reg. Comm’r 1979), clarified.

See: http://www.justice.gov/eoir/vll/intdec/vol25/3700.pdf

The N-470 could be applicable under certain circumstances. You would have to have a period of one continuous year of physical presence as an LPR in the U.S. and your employer would have to qualify.

INA 316(b)

.........employed by an American firm or corporation engaged in whole or in part in the development of foreign trade and commerce of the United States, or a subsidiary thereof more than 50 per centum of whose stock is owned by an American firm or corporation, or..........., no period of absence from the United States shall break the continuity of residence if-

(1) prior to the beginning of such period of employment (whether such period begins before or after his departure from the United States), but prior to the expiration of one year of continuous absence from the United States, the person has established to the satisfaction of the Attorney General that his absence from the United States for such period is to be on behalf of such Government, or for the purpose of carrying on scientific research on behalf of such institution, or to be engaged in the dev elopment of such foreign trade and commerce or whose residence abroad is necessary to the protection of the property rights in such countries of such firm or corporation, or to be employed by a public international organization of which the United States is a member by treaty or statute and by which the alien was not employed until after being lawfully admitted for permanent residence; and

(2) such person proves to the satisfaction of the Attorney General that his absence from the United States for such period has been for such purpose.

The spouse and dependent unmarried sons and daughters who are members of the household of a person who qualifies for the benefits of this subsection shall also be entitled to such benefits during the period for which they were residing abroad as dependent members of the household of the person.

(c) The granting of the benefits of subsection (b) of this section shall not relieve the applicant from the requirement of physical presence ................
 
possibly with a US HQed company, but still it is a local hire and pay. I think that N-470 doesn't apply here.

as I said, I will maintain everthing I currently have in US house, tax filing, etc. again, my family member will remain in US.
Maintaining your home in US and having immediate family remain in US while you are away is strong evidence that you did not intend to break continuous residence.
 
thanks, bigjoe5.

I never thought of it as a possibility, it is quite news to me.

that explains the public companies. I was wondering about the private companies. by the same logic, I suppose if the company is HQed in US , and majority owned by US citizens, it will be deemed as American Corporation too. any further thoughts?
 
You need to ask the employer about their ownership. If it is well known, have you check the stock market? Or any publicly available source, like the SEC? You have not said the name of the employer. Big names like IBM and Texaco have worldwide holdings and subsidiaries, as an example.
 
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