Naturalization or citizenship is the ultimate status for many of these LPRs who desire to become citizens of the United States of America. For this, they have to be physically present in the United States for a particular duration of time. However, long-term stay in the United States may have adverse effects by causing interference with the process of naturalization through which the LPR seeks to obtain citizenship. Luckily, there are situations when one can maintain residence while being located in another country. This blog will look at how LPRs can retain their U.S. residency for naturalization while being away from the US by employment elsewhere.
The continuous requirements for U.S. residence for naturalization
Continued residence in the U.S. is one of the major legal necessities for eligibility for naturalization. This means that the LPR/ GC holder must reside within the US for a certain time – either three or five years, depending on the category in which they apply for their citizenship. For instance, the candidates applying under the marriage to a U.S. citizen must provide evidence of three years of residence, while others need to prove 5 years of residence.
Frequent, limited visits abroad excluding the United States do not break the continuity of residence. However, if an LPR remains in home country for more than six months but less than one year, this is regarded as a violation of residence. In such cases, the LPR will have to substantiate that it did not abandon the U.S. residency during the absence. Regrettably, any disruption of continuous residence for a period exceeding one year negatively affects such a status, and the LPR will need to reimpose the statutory period, as provided for naturalization.
How to Preserve U.S. Residence For Naturalization with Qualifying Employment Abroad
The LPRs who have to be physically present in another country for a long time may not lose their residence in the United States. LPRs employed in qualifying businesses must apply for the continuous residence by filing the form N-470 with the USCIS. Qualifying employment includes:
- Employment opportunities with the U.S government
- Employment within a reputable American research institution
- Employment in an American firm or corporation is part of the foreign trade and commerce of the United States.
- Any employment, whether as a civil servant or on a contractual basis, in a public international organization to which the United States is a member by treaty or statute.
- Charitable work for a known religious institution
Also, a qualifying dependent, a spouse or a child below 21 years old can be reported on Form N-470 of the primary applicant if he will be taking the LPR abroad.
When and How to File Form N-470
To maintain the U.S. residency the LPR must also have been physically present in the US for one unbroken year as an LPR. Form N-470, application to preserve residence for naturalization, may be filed either before or after commencement of the employment period abroad but not if the LPR has been gone from the US for one year or more.
Form N-470 only maintains continuous residence but does not apply to physical presence. Anyone applying for an immigrant visa must at least spend half of the statutory three or five-year period physically in the U.S. unless the applicant is in the U.S. government service or a religious worker.
Additional Considerations for Extended Travel
Long-term travels outside the U.S may also occasion failure to maintain the LPR status. In any case if an LPR has legal Form N-470, one has to have a physical presence in the United States, including while being abroad. If one is going to be out of the U.S. for more than a year, then a reentry permit may be necessary on arrival. Hence, the following could be imperative for LPRs to undertake activities enabling them to retain their permanent resident status when working in a foreign country.
Conclusion
Lawful permanent residents can maintain their U.S. residence for naturalization while working in a foreign country. However, it is a delicate process, and there are specific circumstances they can meet. Recognizing the impact of staying in the country continuously and how it is possible through Form N-470 is vital to every LPR working abroad. Proper management of the LPR’s overall plan and compliance with the regulations leave the LPR with an obligation-free visa and a seamless path to attaining the goal of U.S. citizenship. Even if the LPR goes abroad for years because of qualifying employment.
