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Filed: Timeline
Posted

I work for a company based in the united states and they would like to send me to middle east for some business. I am a permanent resident and I would like to preserve the time for continuous residency by filing N-470.

Here is some back ground about my situation:

I started working for this company when I received my work authorization when I applied for green card.

In September 9th of this year, I'll have lived continuously in the USA as a permanent resident for a year.

The company might send me to the middle east BEFORE September 9th.

I don't understand the following when I read the instructions of filing the form:

Please note that in most cases you must have been physically present and residing in the United States for an uninterrupted period, without any absences whatsoever, for at least 1 year after your admission as a lawful permanent resident before you can file Form N-470.

In addition, you must submit the Form N-470 to USCIS before you have been absent from the United States for a continuous period of 1 year. However, if your absence from the United States is, was or will be solely as a clergyman or clergywoman, missionary, brother, nun or sister of a religious denomination or interdenominational mission organization having a bona fide organization within the United States, you may file this application before or after an absence of 1 year or more.

AND

NOTE: Your employment cannot have started until after your admission as a permanent resident.(step 5)

My questions are:

When do I file this application? Can I file it from overseas? can I file it and leave while it gets processed?

What does my employer need to do to support me?

I would really appreciate it so much if someone clarifies this to me. Thank you in advance

* Got married in August 2008

* initial interview in March 2009

* Green card received in May 2009

* Divorce January 2010

* I-751 filed April 27 of 2010

* Biometrics was supposed to be July 1st but I did a walk-in June 16 2010

* I don't know what's next

Posted

Hi,

I am not familiar with this document, so I am just giving you my opinion based on what you reported.

If the company sends you before sept 9th, then that means you need to have applied N-470 prior to that date, but you will not be eligible since you haven't been a permanent resident for a year yet. If your company is related to religious affiliations, then that is when the less than 1 year is acceptable (that's my understanding).

As a permanent resident, you should apply for a reentry permit if you are leaving for longer than a year to be allowed reentry to the US.

There are two things to keep in mind. 1st - your residency status. 2nd - your eligibility to naturalize.

After you go through all this, if you are planning to apply for naturalization the day you become eligible, then you need to think twice before you take this extended trip.

I highly recommend you review your options, even consult with an immigration lawyer as they know the tricks in the system better than us.

HTH

N-400 Naturalization Timeline

06/28/11 .. Mailed N-400 package via Priority mail with delivery confirmation

06/30/11 .. Package Delivered to Dallas Lockbox

07/06/11 .. Received e-mail notification of application acceptance

07/06/11 .. Check cashed

07/08/11 .. Received NOA letter

07/29/11 .. Received text/e-mail for biometrics notice

08/03/11 .. Received Biometrics letter - scheduled for 8/24/11

08/04/11 .. Walk-in finger prints done.

08/08/11 .. Received text/e-mail: Placed in line for interview scheduling

09/12/11 .. Received Yellow letter dated 9/7/11

09/13/11 .. Received text/e-mail: Interview scheduled

09/16/11 .. Received interview letter

10/19/11 .. Interview - PASSED

10/20/11 .. Received text/email: Oath scheduled

10/22/11 .. Received OATH letter

11/09/11 .. Oath ceremony

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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