hi. i was not out of the country for more than 6 months at any point of time. i was making several trips back to the US for business. this was just an internal deputation from my company
IF you are abroad on behalf of a U.S. employer and have a solid year inside the U.S. since getting LPR status, you would qualify to file an N-470 to preserve residence for naturalization purposes because the window of opportunity to apply stays open until you have been abroad for a solid year in such employ. An approved N-470 would be useful if you qualify. It does not relieve you of the physical presence requirement for an N-400 but does aid in preserving residence without requiring a specific waiting period before filing an N-400.
8 CFR § 316.5 Residence in the United States.
(a) General. Unless otherwise specified, for purposes of this chapter, including §316.2 (a)(3), (a)(5), and (a)(6),
an alien's residence is the same as that alien's domicile, or principal actual dwelling place, without regard to the alien's intent, and the duration of an alien's residence in a particular location is measured from the moment the alien first establishes residence in that location.
(d) Application for benefits with respect to absences; appeal —(1) Preservation of residence under section 316(b) of the Act. (i) An application for the residence benefits under section 316(b) of the Act to cover an absence from the United States for a continuous period of one year or more shall be submitted to the Service on Form N–470 with the required fee, in accordance with the form's instructions. The application may be filed either before or after the applicant's employment commences, but must be filed before the applicant has been absent from the United States for a continuous period of one year.
(ii) An approval of Form N–470 under section 316(b) of the Act shall cover the spouse and dependent unmarried sons and daughters of the applicant who are residing abroad as members of the applicant's household during the period covered by the application. The notice of approval, Form N–472, shall identify the family members so covered.
(iii) An applicant whose Form N–470 application under section 316(b) of the Act has been approved, but who voluntarily claims nonresident alien status to qualify for special exemptions from income tax liability, raises a rebuttable presumption that the applicant has relinquished a claim of having retained lawful permanent resident status while abroad. The applicant's family members who were covered under section 316(b) of the Act and who were listed on the applicant's Form N–472 will also be subject to the rebuttable presumption that they have relinquished their claims to lawful permanent resident status.
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(3) Approval, denial, and appeal. The applicant under paragraphs (d)(1) or (d)(2) of this section shall be notified of the Service's disposition of the application on Form N–472. If the application is denied, the Service shall specify the reasons for the denial, and shall inform the applicant of the right to appeal in accordance with the provisions of part 103 of this chapter.
