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  • Without N470 oversee assignment by US based company (6-monthes<*<1-year

    Hi All.
    2 years ago, a friend of mine
    was relocated to
    a branch office outside the USA.
    His employor's HR just suggested him
    to file I-131,
    but did not mention about N-470.

    The offer letter from his
    US based employer clearly states
    that He will be relocated after 3 monthes.
    The employeor's HR also just stated that
    you MAY be relocated into the USA.
    (Only chance,No promise.)

    So since it was good salary,
    he took the job.

    After a few monthes,
    He started thinking about the Naturalization.
    The company has no intention to relocate him
    at that time.
    So He resigned and came back to the USA
    after 8 monthes.
    He made one short business trip to the USA.
    After 4 month. So his single trip never have been over 6 month.

    Points are
    1. He says he
    never ever fail to file tax return as
    resident.
    2. He have not
    kept bank account with fairly large
    amount.
    3. But he have not kept his home or apartment
    simply by economic rerason.
    4. A single trip out of the US never be over
    6 monthes.
    5. No N-470 only I-131
    6. Total length was 8 month.

    He just ask me the chance of denial.
    I think he is most likely OK and
    even I-131 does not preserve the
    contibuous residency for
    natturalization purpose,
    it less than 1 year and single trip
    is less than 6 monthes and american based
    company relocated him.

    What other documents or evidences should he
    prepares to minimise the chance of denial
    or possibly requested at the interview?

  • #2
    Hi All.
    2 years ago, a friend of mine
    was relocated to
    a branch office outside the USA.
    His employor's HR just suggested him
    to file I-131,
    but did not mention about N-470.

    The offer letter from his
    US based employer clearly states
    that He will be relocated after 3 monthes.
    The employeor's HR also just stated that
    you MAY be relocated into the USA.
    (Only chance,No promise.)

    So since it was good salary,
    he took the job.

    After a few monthes,
    He started thinking about the Naturalization.
    The company has no intention to relocate him
    at that time.
    So He resigned and came back to the USA
    after 8 monthes.
    He made one short business trip to the USA.
    After 4 month. So his single trip never have been over 6 month.

    Points are
    1. He says he
    never ever fail to file tax return as
    resident.
    2. He have not
    kept bank account with fairly large
    amount.
    3. But he have not kept his home or apartment
    simply by economic rerason.
    4. A single trip out of the US never be over
    6 monthes.
    5. No N-470 only I-131
    6. Total length was 8 month.

    He just ask me the chance of denial.
    I think he is most likely OK and
    even I-131 does not preserve the
    contibuous residency for
    natturalization purpose,
    it less than 1 year and single trip
    is less than 6 monthes and american based
    company relocated him.

    What other documents or evidences should he
    prepares to minimise the chance of denial
    or possibly requested at the interview?

    Comment


    • #3
      Goodsun:

      1. First time when he enter what classification of visa was in his passport.
      2. How he become LPR?
      3. How many times he went on vacation for how long?
      4. If he had not completed the INS Form 470, the he already lost that time. But yuo never no. BCIS is not that smart to find out/hen INS never use to look into this kind of matters.
      Best of luck.

      Comment


      • #4
        Hi FSN

        Thank you for your reply.
        Well, his case is unusal, He got
        a permanent via DV program(lottary).

        But he frequently travel
        by personal or business reason.
        Probably more than 15 times and most of time
        it is 1-2 weeks short
        business trips except that long 8 month-relocation.

        He said total physically spent time outside
        is aound 500 days including short visit.
        (Actually he frequently makes
        short business trips outside USA
        once a month these days.)

        Comment


        • #5
          You are DV or any other visa as long as you are not staying more the 365 days you are ok this is what it say in the regulations. You have to be back in the US within one year.
          It means that you can not stay for 365days. Unless you have a Permit to re-enter the US. INS form I-131, Application for travel Document. Futher more BCIS/INS I don't think they checked his passport even.

          Comment

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