Work overseas for U.S. employer while N-400 is pending

A

ap74mo

Registered Users (C)
Hi,

My employer is a large U.S. corporation that is asking me to consider a temporary 1-yr overseas assignment even as my N-400 has been filed since Oct 2006. If I accept overseas assignment, will that be ok? Can I just fly in for the interview and oath? Will it make any difference if I file N-470 to preserve residency for naturalization and then accept the assignment?

Of course, my first choice is to finish the whole process and then move but I would appreciate other's throughts and experiences. Thanks.
 
Regardless of who you work for, you will still have to maintain continuous residency in the US throughout the course of your naturalization process. If it is broken at any point in time, your application could potentially be rejected. Contact an immigration attorney for legal advice.
 
If you can get an approved N-470, that will help your case significantly. Failing that, you need to get a letter from your employer stating the duration of the assignment, and probably also a reentry permit (you may need this anyway).

The key thing is to be able to prove that your overseas assignment is temporary in nature. The N-470 works best, but may not be an option depending on the company you work for.

Ideally of course, you'd take up the assignment after taking oath....
 
Section 319(b) of the Immigration and Nationality Act

Immigration Gurus,

My wife and I applied US citizenship the same time, she just got approved and my name check is still pending.

she will be working for a US cooporation overseas starting next month, do you think this act will protect my citizenship application when I join her overseas for an extended time while my name check is still pending?

http://www.ilw.com/articles/2006,0525-mehta.shtm

Thanks

BigHamster
 
Consider trying to see if your wife's company would foot the bill for a consultation with an immigration lawyer.
 
bighamster said:
Immigration Gurus,

My wife and I applied US citizenship the same time, she just got approved and my name check is still pending.

she will be working for a US cooporation overseas starting next month, do you think this act will protect my citizenship application when I join her overseas for an extended time while my name check is still pending?

http://www.ilw.com/articles/2006,0525-mehta.shtm

Thanks

BigHamster
Click to expand...

I doubt it because your pending application was not based on a marriage to a US citizen who works overseas on behalf of US. That's a whole different category, and I don't think they let you change your category in the middle of processing. An example is - if you apply based on a 3 year marriage to citizen, you cannot claim 5 year rule later, just because you are divorced at the time of interview.

I would think N-470 would take care of the problems. You should probably accept the job assignment only after N-470 is accepted. There are certain terms and conditions and as such, not all N-470 are accepted.
 
I am not sure about the N-470 in this particular case.

My understanding is that it preserves the residency requirement only but NOT the physical presence.

For example, if you were in the USA for five continuous years (thereby qualifying for N-400 application) but then went overseas for, say, three years (WITH an approved US organization ONLY) with a reentry permit and an N-470, then you would still need 50% x 5 years = 30 months physical presence before you could apply for citizenship.

Am I not correct ?????
 
The said person already filed and now waiting for an interview. Unless some strange event occurs and he doesn't get interview for years, the physical presence should not come into play. Besides, his assignment is only 1 year long. He should be able to figure out if one year stay out of the country is within his limit.
 
With an indeterminate namecheck delay, the real issue is of course breaks in continuous residence. As I see it, N-470 doesn't apply because your wife is already a USC, and INA.319(b) only applies if your spouse is/has been posted overseas on an open-ended assignment lasting longer than 1 year.

Your best bet would be to get your wife's company to pay for a consultation with a knowledgeable immigration attorney. What you're describing is somewhat of a corner-case which hasn't come up too many times around here.
 
boatbod said:
With an indeterminate namecheck delay, the real issue is of course breaks in continuous residence. As I see it, N-470 doesn't apply because your wife is already a USC,
Click to expand...
What does N-470 have anything to do with OP's wife's status? You are forgetting the fact that OP himself is offered the overseas assignment and N-470 would be sponsored by his own company, not by his wife's company as you seem to imply.
 
equate said:
What does N-470 have anything to do with OP's wife's status? You are forgetting the fact that OP himself is offered the overseas assignment and N-470 would be sponsored by his own company, not by his wife's company as you seem to imply.
Click to expand...

Oops, you're right. Somehow I got that mixed up in my poor confused brain. :eek:
 
Thanks all for the opinions. Im still pushing for the assignment to be delayed until summer hoping I wrap things up by then.
 
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