When can I apply for citizenship (residence outside of the US)?

[delux]

Folks,

Apologies if this question has been asked before.

I received my physical green card somtime in end 2004 (3+ years ago) through my employer. Since the beginning of 2005 I have been living & working in Europe on behalf of my employer. I am employed by the US entity (i.e I have not been transferred to a european entity), get paid out of the US and file my taxes in the US, maintain a residence in the US and make it a point to return to the US every 5 months or so.

My question is will I be eligible to apply for a green card in end-2009 (5 years from the date of GC issue) or will I have to stay 30 months in the US before I can apply for citizenship? (I have read something about being physically present in the US for 30 months for the past 60 months?) I have also read something about an N-470? Can this be applied for and activated retroactively?

Thanks V Much!!

 

[mdh3000]

I'm surprised you haven't had any issues when you reenter the US. When the customs agent sees that in the last 3 years, you've been present in the US for only a few months, he's going to start asking questions.

But yes, you need to physically present in the US for 30 of the last 60 months when you apply. Any departure from the US of longer than 6 months...

absences of more than six months but less than one year break the continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period

Yes you can file for a N-470 under the follow circumstances if your absence was due to..

A On behalf of the U.S. Government.
B. For the purpose of carrying on scientific research on behalf of an American
institution of research.
C. For the purpose of engaging in the development of foreign trade and commerce
of the United States on behalf of an American firm or corporation or a
subsidiary thereof.
D. Necessary for the protection of property rights outside the United States of an
American firm or corporation engaged in the development of foreign trade and
commerce of the United States.
E. On behalf of a public international organization of which the United States is a member.
F. Solely because of my capacity as a clergyman or clergywoman, missionary,
brother, nun or sister of a denomination or mission having a bona fide
organization in the United States.

NN