Tricky situation : Planning for citizenship : What precautions to take??

JackOLantern,
THank you so much for your reply.

We spoke to a lawyer just now and he said that we cannot file for N470 if my US company does not have any branches in the country where I will be working from.

My company does not have any branch in my home country. I am so very disappointed. :(...Other criteria like one year uninterrupted stay, etc is satisfied.

Any thoughts/advices???
 
JackOLantern,
THank you so much for your reply.

We spoke to a lawyer just now and he said that we cannot file for N470 if my US company does not have any branches in the country where I will be working from.

My company does not have any branch in my home country. I am so very disappointed. :(...Other criteria like one year uninterrupted stay, etc is satisfied.

Any thoughts/advices???
 
JackOLantern, BobSmyth, please advice : Urgent

JackOLantern, BobSmyth,

Please advice and help. We finally did apply for N470, in Sept 2011. It has been 6 months and even after our lawyer following it up, our case is still pending. We took two Info passes, but both the times, they are saying give us one more month and then nothing happens.

Our lawyer is suggesting us to meet our congressman.

What to do? Are there any risks in going to a congressman???

Also, how long does it generally take for N470 to be approved? each time we went for Infopass, they tell us that an officer is reviewing it. What to do now?? All our plans are hanging on this one result. We are planning to be in us for next two months (then will be back after a trip) and we need to know the result soon...

Please advice and help!
 
JGD_USC said:
JackOLantern, BobSmyth,

Please advice and help. We finally did apply for N470, in Sept 2011. It has been 6 months and even after our lawyer following it up, our case is still pending. We took two Info passes, but both the times, they are saying give us one more month and then nothing happens.

Our lawyer is suggesting us to meet our congressman.

What to do? Are there any risks in going to a congressman???

Also, how long does it generally take for N470 to be approved? each time we went for Infopass, they tell us that an officer is reviewing it. What to do now?? All our plans are hanging on this one result. We are planning to be in us for next two months (then will be back after a trip) and we need to know the result soon...

Please advice and help!
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Hi JGD_USC, I am going to apply for N470. Can you please give me some infomration on the employer letter you supplied with the application? Also, what other documents did you attach with the aapplication? Did you hear back yet?

As you know people have applied these forms but no sure what information is needed/supplied with the application.

Any info will be much appreciated.

Thanks
 
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 preserves BOTH continuous residence in general AND residence in the last district you lived in before leaving the US. What this simply means is that with an approved 470, USCIS will consider you to be residing in that last district for ALL the time you are abroad right up to the interview and oath.
 
ptking said:
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 preserves BOTH continuous residence in general AND residence in the last district you lived in before leaving the US. What this simply means is that with an approved 470, USCIS will consider you to be residing in that last district for ALL the time you are abroad right up to the interview and oath.
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ptking, I have few questions, if you don't mind answering.

1) How long did it take for your N-470 to get approved? I applied on 11/10/12 and have not heard anything yet.
2) You mentioned to submit fingerprint card. So, when I apply for the N-400, just include the FBI fingerprint card with the application or send it when I get a letter for fingerprint.

Thanks I appreciate you help.
 
Hello everyone,

Hope you all are doing good. Time flies so fast. With your help and advice and with the grace of God, we applied for N470 and got it approved.

We will be eligible to apply for citizenship in 2014, June onwards. We are maintaining an apartment in US, and also paying bills, paying taxes, bank account, etc.

We family are now in India (with the approved N470 and re-entry permit), whereas my husband travels between US and India. He works mostly from India, as per N470 approval and terms. He visits US twice a year each time for roughly 2 months or so.

Our family is planning to come to US in April 2014 and stay for 3 months and then, my husband will apply for citizenship in July 2014. By that time, he will have completed 30 months (maybe 15 days or so more) physical presence also.

The confusion we have now is regarding the travel after applying for USC..

Do we have to maintain continuous residence AND physical presense, up until interview/oath
OR
Do we need to maintain only continuos residency till interview/oath ???

This will make a difference to us, since my husband will have just around 30-31 months of physical presence by July 2014..
Will the following plan be ok?

Here is a rough plan. Please advice.

1. My husband will stay for 3 months in US district (chicago in ourcase) before applying for citizenship.
2. He will complete fingerprinting in chicago itself.
3. After he completes fingerprinting, he will go abroad and work from India, until he gets the interview call. This is the part where I need your input. Since he will still be on N470 (it has no end date), he will be carrying on his work as per the permission given in N470, from India. He will make sure he doesn't stay for more than 4-5 months at a time, so that continuous residency is not broken. Will that be ok??
4. Related to point 3, is it enough if he has accumulated physical presence of 30-31 months before applying for USC, by July 2014 (Sept 2009-July 2014)? Or, will the physical presence be re-calculated at the time of interview and oath? For example, say he gets his interview/oath appointment in October.If he has applied in July, then Oct-July = 4 months. Now, should he stay in US for atleast half of 4 months ie., 2 months so that physical presence too is satisfied all the way till interview/oath? Will USCIS re-calculate his physical presence from Oct 2014 backwards to Oct 2009, or will it be considered 5 years backwards from July 2014? Will having N470 make any difference in this regard and make it easier for him to continue my work from India??


Also, given below is the days/time spent in US:-

2009 : Sep02 to Dec31 4
2010 : Jan01 to Oct31 10 425
2011 : Mar22 to Jun28 3 99
2011 : Aug03 to Sep26 2 55
2012 : Feb13 to June17 4 126
2012 : Sep26 to Nov7 1.5 43
2013 : Apr5 to Jun3 2.0 60
====================================
Till So Far : 26.5 months or 808 days
**********************************************************************

I hope the question is clear. JackoLantern, BobSmyth and others, please share your valuable inputs.

Thanks a ton!

JGD_USC
 
ptKing,

Thanks for sharing your experience. Glad it went so smoothly for you.

Did you apply through a lawyer from abroad? We will need some more details from you, if you don't mind...Please reply

Thanks,
JGD_USC
 
JGD_USC said:
1. My husband will stay for 3 months in US district (chicago in ourcase) before applying for citizenship.
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It is not necessary to physically stay in the district for 3 months to satisfy the district/state residence requirement. Maintaining residential ties in the area is sufficient.

Do we have to maintain continuous residence AND physical presense, up until interview/oath
OR
Do we need to maintain only continuos residency till interview/oath ???
Click to expand...
You have to satisfy the physical presence requirement only as of the N-400 filing date. Time inside or outside the US after that doesn't add or subtract from your total days; it is not recalculated based on the interview date or oath date.

Continuous residence has to be maintained until the oath, but if the N-470 is still valid it would take care of that.
 
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JackoLantern,

Thank you so much for the quick reply. What you say makes things simpler for us. IS there any section of the USCIS law, that gives details regarding how people with approved N470 are treated? A lawyer from a reputable law firm gave us a fully different complicated view, which does not seem right. That makes us wonder whether the lawyer was knowledgeable about N470 cases at all.

Any suggestions for a good lawyer who has experience with N470 to N400 cases??

ptKing, I hope we get to know about the lawyer you chose..

Bobsmyth, and other gurus of this forum, any more inputs for us? Do you all concur with JackoLantern? Any suggestions for a lawyer??

Thanks so much,
JGD_USC
 
JGD_USC said:
Thank you so much for the quick reply. What you say makes things simpler for us. IS there any section of the USCIS law, that gives details regarding how people with approved N470 are treated? A lawyer from a reputable law firm gave us a fully different complicated view, which does not seem right. That makes us wonder whether the lawyer was knowledgeable about N470 cases at all.
Click to expand...

A couple of key points to the N-470 are:

- N-470 generally does not cover the physical presence requirement, except in certain situations such as working abroad for the US government.
- N-470 doesn't cover you for time spent abroad when you're not employed by the employer who was named in the N-470.

What did the lawyer tell you (apart from the two points above) that made you worry that the N-470 won't protect your continuous residence for the duration of its validity?
 
Jackolantern said:
A couple of key points to the N-470 are:

- N-470 generally does not cover the physical presence requirement, except in certain situations such as working abroad for the US government.
- N-470 doesn't cover you for time spent abroad when you're not employed by the employer who was named in the N-470.

What did the lawyer tell you (apart from the two points above) that made you worry that the N-470 won't protect your continuous residence for the duration of its validity?
Click to expand...

JackoLantern,
Thanks so much for replying.
My husband will have 30-31 months of physical presence (atleast 30 for sure) at the time of applying. That is not a problem. Also, my hubby works for the same employer who sponsored N470, and for the same reason too. So, thats not an issue too.
The lawyer is saying that
1. Before applying, my hubby has to stay for 3 months in US. Now, we had thought that since we will be applying from the same place (chicago) where we lived for a long time and also since my hubby visits chicago suburbs twice a year, we need not wait for 3 months before applying...
2. Secondly, he said that my hubby should maintain domicile in US and should not travel much after applying for USC.
Now, this is even more bothersome, since my husband is still continuing his work agreed upon with his employer, based on N470..for which he will need to work abroad too. This is where we got the confusion that maybe they will re-calculate physical presence at oath and that's why the lawyer said like that. (Lawyer is asking for more fees to clarify further!!! )...Since my hubby's physical presence accumulation is just around enough, if he flies out of US for work, and if USCIS recalculates at interview, we will run short of physical presence.

These are the two main confusions the lawyer created for us..!! :(


Regards,
JGD_USC
 
JGD_USC said:
1. Before applying, my hubby has to stay for 3 months in US. Now, we had thought that since we will be applying from the same place (chicago) where we lived for a long time and also since my hubby visits chicago suburbs twice a year, we need not wait for 3 months before applying...
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What you thought it is correct.

2. Secondly, he said that my hubby should maintain domicile in US and should not travel much after applying for USC.
Now, this is even more bothersome, since my husband is still continuing his work agreed upon with his employer, based on N470..for which he will need to work abroad too.
Click to expand...
If the N-470 is still valid throughout the naturalization process, and he's continuing to work abroad for the same employer in the same capacity as described on the N-470 application and supporting documents, it's OK to remain outside the US throughout the whole naturalization process (obviously except for the fingerprinting, interview and oath).

This is where we got the confusion that maybe they will re-calculate physical presence at oath and that's why the lawyer said like that. (Lawyer is asking for more fees to clarify further!!! )...Since my hubby's physical presence accumulation is just around enough, if he flies out of US for work, and if USCIS recalculates at interview, we will run short of physical presence.
Click to expand...
They don't recalculate physical presence at the interview or oath based on travel after the filing date. I'll try again to find the court case or regulation which clarifies that.
 
Jackolantern said:
What you thought it is correct.


If the N-470 is still valid throughout the naturalization process, and he's continuing to work abroad for the same employer in the same capacity as described on the N-470 application and supporting documents, it's OK to remain outside the US throughout the whole naturalization process (obviously except for the fingerprinting, interview and oath).


They don't recalculate physical presence at the interview or oath based on travel after the filing date. I'll try again to find the court case or regulation which clarifies that.
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Thank you so much JackoLantern! You don't know how much this means to us. Appreciate your help. Let us know what you find..
God bless you! :)

-JGD_USC
 
Bumping the thread..

BobSmyth, other gurus,

Please do spare a few minutes and share your inputs/opinion with us.

Thanks in advance,
JGD_USC
 
Hello JackOLantern, BobSmyth and other gurus,

With all your help, we are finally at the point of filing for US citizenship.
So far, I worked for about 8 months from abroad (approved on N470) and 4 months from US. I am maintaining an apt in US. Wife and kids are abroad, from where I work longer..
I will be applying for USC only for myself, as of now. Wife will follow later...

I have several trips abroad...we changed the apt thrice in US too..and we have one address in India where I spend 8 months (4 mos at a time) in a year.
Now, my questions are:

1. In one of teh questions in N400, they ask us to list all addresses where we have lived in teh last 5 years..It also has a "From and To-date" for aeach address.
My dilemma is whether to list all the addresses in US and India?? There will be 10-15 lines since I travel to India and US a lot.
One argument is, since I am GC holder, and I have maintaned an apt in US, I should jsut list them. The other argument is, since I am on N470, and sicne I work for a major part of the year from India, I should lsit India addresses as well.

2. Any good lawyer and fees expected to a> file teh application N400 and b) to accompany me during interview..

Please share your advice. Please let me know if you need any more details.

Thanks a lot,
JGD_USC
 
Hello ,
Please provide your valuable inputs on this matter as I am desperate to hear your inputs/suggestions.
With all your help, we are finally at the point of filing for US citizenship.
So far, I worked for about 8 months from abroad (approved on N470) and 4 months from US. I am maintaining an apt in US. Wife and kids are abroad, from where I work longer..
I will be applying for USC only for myself, as of now. Wife will follow later...
I have several trips abroad...we changed the apt thrice in US too..and we have one address in India where I spend 8 months (4 mos at a time) in a year.
Now, my questions are:
1. In one of teh questions in N400, they ask us to list all addresses where we have lived in teh last 5 years..It also has a "From and To-date" for aeach address.
My dilemma is whether to list all the addresses in US and India?? There will be 10-15 lines since I travel to India and US a lot.
One argument is, since I am GC holder, and I have maintaned an apt in US, I should jsut list them. The other argument is, since I am on N470, and sicne I work for a major part of the year from India, I should lsit India addresses as well.
2. Any good lawyer and fees expected to a> file teh application N400 and b) to accompany me during interview..
Please share your advice. Please let me know if you need any more details.
Thanks a lot,
JGD_USC
 
You still maintained your US apartment while in India, and it seems like you've been staying at multiple short-term places in India, not real residences per se, so I wouldn't bother to list the India addresses. You're disclosing the fact that you work in India, so if the interviewer wants the addresses there they'll have the opportunity to ask.
 
JGD_USC said:
Hello ,
Please provide your valuable inputs on this matter as I am desperate to hear your inputs/suggestions.
With all your help, we are finally at the point of filing for US citizenship.
So far, I worked for about 8 months from abroad (approved on N470) and 4 months from US. I am maintaining an apt in US. Wife and kids are abroad, from where I work longer..
I will be applying for USC only for myself, as of now. Wife will follow later...
I have several trips abroad...we changed the apt thrice in US too..and we have one address in India where I spend 8 months (4 mos at a time) in a year.
Now, my questions are:
1. In one of teh questions in N400, they ask us to list all addresses where we have lived in teh last 5 years..It also has a "From and To-date" for aeach address.
My dilemma is whether to list all the addresses in US and India?? There will be 10-15 lines since I travel to India and US a lot.
One argument is, since I am GC holder, and I have maintaned an apt in US, I should jsut list them. The other argument is, since I am on N470, and sicne I work for a major part of the year from India, I should lsit India addresses as well.
2. Any good lawyer and fees expected to a> file teh application N400 and b) to accompany me during interview..
Please share your advice. Please let me know if you need any more details.
Thanks a lot,
JGD_USC
Click to expand...

JGD_USC : Did you end up hiring a lawyer for filing your N-400 or did you do it yourself? We have an approved N-470 and will be applying N-400 shortly. Pls share your experience, which will definitely help us.
 
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