To renew or not renew N-470?

B

blkhawk

Registered Users (C)
Hi all,

My current N470 expires in September. My 5-year GC anniversary is Nov 09, 2009. So I am eligible to submit my N-400 starting August 09, 2009. I will be submitting my application while living/working in Australia. Do you guys see that I should get my N470 renewed?

Thank you.
 
The naturalization process could take 6-12 months or sometimes longer, and you are required to maintain continuous residence until the very end of the process. So you should get another N-470 unless you expect to stop living and working outside the US soon after your current one expires.

Two other things to be aware of:
- August 9, 2009 is 92 days before your 5-year GC anniversary, but the earliest date you can apply is 90 days before which would be August 11. Some are saying that USCIS is now subtracting 3 months rather than 90 days to avoid repeating mistakes with counting the 90 days, but knowing how inconsistent they are you shouldn't count on that. When they reject you for applying too early, they sometimes do it without an interview, so wait a few extra days (like August 13 or 14) to protect yourself from their mistakes and inconsistency.

- Unless you are working for the US government or military, the days spent with the N-470 don't count towards your physical presence requirement. So you need to take a look at the days you've been spending outside the US to make sure you have spent enough time within the US before applying.
 
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Also, you must have resided for at least 3 months in the district area before you can apply. This means maintaining a primary dwelling in the US while you are working in Australia.
 
Jackolantern said:
The naturalization process could take 6-12 months or sometimes longer, and you are required to maintain continuous residence until the very end of the process. So you should get another N-470 unless you expect to stop living and working outside the US soon after your current one expires.
Click to expand...

My plan is to naturalize and upgrade my wife's and kids petitions to IR. I want to stay in Australia until they get their green cards via consular processing in Sydney. Also, I have been visiting the US at least once every 4 months to sync up with the US team. I work for a US based company in Sydney.

Two other things to be aware of:
- August 9, 2009 is 92 days before your 5-year GC anniversary, but the earliest date you can apply is 90 days before which would be August 11. Some are saying that USCIS is now subtracting 3 months rather than 90 days to avoid repeating mistakes with counting the 90 days, but knowing how inconsistent they are you shouldn't count on that. When they reject you for applying too early, they sometimes do it without an interview, so wait a few extra days (like August 13 or 14) to protect yourself from their mistakes and inconsistency.
Click to expand...

oh yeah, I am planning to submit my N400 at least a week past the eligibility date just to be safe.


- Unless you are working for the US government or military, the days spent with the N-470 don't count towards your physical presence requirement. So you need to take a look at the days you've been spending outside the US to make sure you have spent enough time within the US before applying
Click to expand...

I do have enough physical presence. Actually, I had accumulated 2.5 years before I moved to Australia.
I just remembered that my N470 approval letter states that days spent outside the US count towards continuous residence AND physical presence. I am not sure if this was a mistake by USCIS since I don't work for the US gov nor the military.
 
Bobsmyth said:
Also, you must have resided for at least 3 months in the district area before you can apply. This means maintaining a primary dwelling in the US while you are working in Australia.
Click to expand...

do I have to have a rent agreement or a mortgage in place and do I have to by physically present?

My district area never changed. I have been a resident of Reno Nevada for 9 years. After I had sold my house, I moved in with a friend for a few months before moving to Australia. I have been using my friend's home address for my driver's license, tax return, bank accounts, credit cards, USCIS...etc.
 
FYI, I got my citizenship a week ago. I applied from abroad with an approved N-470. My interview and oath were on the same day at the San Francisco USCIS office. Mine was an administrative oath in front of a USCIS official in his office.

Bottom line:

1. If you have an approved N-470, and have accumulated the required physical residence, you CAN apply from abroad.
2. When applying, you can submit fingerprints on the FBI FD-258 cards and save a trip to the US for biometrics. I did not do this myself as I was not aware this was possible.
3. The 90-day residence requirement is NOT for the 90 days immediately preceding the filing of the N-400. Basically, you should have resided in that district for that period at SOME time in the past.
4. USCIS takes the view that an approved N-470 preserved BOTH continuous residence in general AND residence in the last district you lived in before leaving the US.
 
Request for Re-issue of approved N-470 document

Our N-470 was approved in May 2012. We got a pdf file of this approval from our attorney. Is there a way we can request for re-issue of this original from USCIS? Appreciate any advice.

Regards
Usadesi.
 
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