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N-470 stipulation - what does this mean?

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  • N-470 stipulation - what does this mean?

    My husband is a green card holder since 2002. (I am USC.) We applied for his PR while staying in the US for about a year - he was doing some studies. Since then we've been living and working overseas. He has always gotten a re-entry and we have generally spent 4-6 months back in the US about every two years. In 2009 we were in the US and he applied for N-470, application to preserve residence. It was approved (we work with missionary organisation which is based in the US, and it was approved on that basis.) On the approval notice it says that all of his time overseas (2002 - present) working for our org. will be counted towards as residence and physical presence requirements for his naturalisation, provided he has "completed an uninterrupted period of one year of physical presence in the United States."

    We are planning to relocate to the US in January and wish to pursue his naturalisation. My question is - can he not go out of the US for even a day or a few weeks during that one year before applying for Naturalisation? Because of his work he still will need to travel at least a few weeks out of the year... What exactly does is defined as an interuption?

    TIA

    Jo

  • #2
    My husband is a green card holder since 2002. (I am USC.) We applied for his PR while staying in the US for about a year - he was doing some studies. Since then we've been living and working overseas. He has always gotten a re-entry and we have generally spent 4-6 months back in the US about every two years. In 2009 we were in the US and he applied for N-470, application to preserve residence. It was approved (we work with missionary organisation which is based in the US, and it was approved on that basis.) On the approval notice it says that all of his time overseas (2002 - present) working for our org. will be counted towards as residence and physical presence requirements for his naturalisation, provided he has "completed an uninterrupted period of one year of physical presence in the United States."

    We are planning to relocate to the US in January and wish to pursue his naturalisation. My question is - can he not go out of the US for even a day or a few weeks during that one year before applying for Naturalisation? Because of his work he still will need to travel at least a few weeks out of the year... What exactly does is defined as an interuption?

    TIA

    Jo

    Comment


    • #3
      No, one year of physical presence must be uninterrupted by any departure.

      Comment


      • #4
        Please take care, the response you got if from one who's officially an idiot.

        Here's the deal. In the cumulative period from 2002 to present, has there been any one full year of your husband's uninterrupted stay on US soil? If your answer is yes, then your husband is good to go on short trips. After filing Form N-400, just keep an eye on biometrics and interview appointments.

        Comment


        • #5
          He hasn't been in the US for one uninterupted year... longest "stay" was about 18 months but there was two short trips (<6 weeks) out during that time....

          We'll do it if we have to. but would be nice if there was a*little* bit of flexibility.

          Comment


          • #6
            You know what? Based on my humble experience, immigration law isn't necessarily written on a die-cast metal. There is always that "humane" aspect of everything, especially in apparently non-frivolous applications like that of your husband's. Reentry permits plus N-470 would show your dead honesty to play by the rules. Your husband's naturalization application would easily slide through. Take my word for it.

            Comment


            • #7
              thanks. We will definitely have to do our homework upon our arrival next year. Our intention is to stay in the US for some time, but the nature of his work does require him to travel... so will hope for the best.

              Have also just been recommended an immigration lawyer who has done free consults for a colleague in our organisation who is in a similar situation... so hopefully he will be able to help us out, also.

              Comment


              • #8
                It means when you get back, he has to stay in the U.S. for one year without leaving.

                Comment



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