Work outside US but want to keep the residency for Naturalization purpose

S

SFOHK

New Member
Hello, Guys:

I had a working opportunity to work in Hong Kong, which is of course outside of the US. I may be back to the US once every two months. However the total length I spent outside the US will be 70% + per every calendar year.

What should I do if I want to keep my residency for Naturalization purpose? I have been thinking about filing Form N-470. However I will not stay abroad for any time longer than 2 months. N-470 is for people who will have to stay outside US for more than one year. Plus another dilemma is that I have not stayed in the US for any one uninterrupted one year, which may make me disqualified for filing N-470.

Any advice?

Thanks in advance.

SFOHK.
 
You may have to choose what is more important. Anyway ...

#1. Even if you do not stay out for 1 year, the permit will allow you easier return at the port of entry. It is an insurance you are carrying.
#2. If you are taking up a job with US company, it is a big NO NO. If it is a US company (there was a recent thread on what is a US company), then it looks better.
#3. Ideally you should maintain residence in US if you want to state that you maintained residency. This includes keeping a house / apartment, maintaining insurance etc., all to indicate that your intent is to live in US.
 
sanjoseaug20 said:
#2. If you are taking up a job with US company, it is a big NO NO. If it is a US company (there was a recent thread on what is a US company), then it looks better.
Click to expand...

You just contradicted yourself. I suppose you meant "non-US company" in the first sentence.
 
There is a prerequisite one uninterrupted year in the U.S. as an LPR to qualify for the N-470 under INA 316(b) based on employment abroad by a U.S. company. He does not have that so, the issue is moot.
 
The N-470 issue is moot, but foreign employment done for a US employer who sent you overseas is viewed more favorably than you joining a non-US employer to work overseas.
 
Hello, Guys thanks for the input. It is the Hong Kong operation branch of a US Chicago based company. I am also considering about proposing to the company to list me on the Chicago payroll so that I can be treated as frequent business traveler rather than Hong Kong worker. Or for them to list me on both the Chicago payroll and Hong Kong payroll (I do not expect them to double my pay check but to split between the two location). I will have to travel back and forth once every two months any way.

Another thing to the N-470 issue. Is there any exception considered for that one year uninterrupted residency rule? All my abroad travel are business based and for my US employer (the same employer for my H-1B and after I got my GC).

Any further thoughts are appreciated. Thanks.
 
Not for your situation. Do not be fooled by misreading the form instructions as that form also applies to people under other circumstances with different criteria. There are employees of international organizations and people who are on religious business (like missionaries). Each specific situation has its own specific criteria.

Would your employer consider keeping you in the U.S. for one solid year so that you could qualify for an N-470? If they understood the requirements it could be to their benefit in the future with other LPR employees. I doubt it would hurt to ask. They can always say no. Can't you telework and conference call with HK employees for a while?
 
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