On February 11, 2013, USCIS published a revised Form N-470, Application to Preserve Residence for Naturalization Purposes, with an edition date of 1/03/2013. USCIS will accept older editions for 60 days. Beginning April 12, 2013, USCIS will only accept the 1/03/2013 edition.
There is now a single filing address for this form. Customers filing Form N-470 must now mail them to the Dallas Lockbox facility. The new centralized filing location will streamline intake functions, enhancing customer service and improving operational efficiency.
My mother is a green card holder (based on me as an US citizen) and has been living in India for last 3 years as she was working in India and just got retired. She is planning to return to US permanently now. We did not know reentry permit requirements before. Does she need to apply for Returning Resident Visa? If it affects adversely what are other common reasons that can be given as an excuse for long outside US stay?
She should apply for RR (also known as SB-1) visa. Lose the idea of an "excuse." Nothing but the truth. My GUESS is, you are better off surrendering her green card and reapplying.
My spouse and I am legal permanent resident here in the US for more than 3 years now. We are planning to travel back to India in early December this year and my wife tentatively plans to stay back in India for close to 3-8 months. I am planning to return back after 3 months. In such situation, is it advisable to file re-entry permit (I-131) for her. Also should I get an attorney if I have to file or can I do it on my own?
If you are not abandoning your permanent residence in USA (keeping your home, job, etc.), I see no need for a reentry permit for a three-month trip. She should apply and through counsel.
I acquired my green card in January 20, 2010 with an expiry date of 2/23/20. I came back to the Philippines on February 2011. I want to go back to the US next year around March. Do I have a problem?
Generally speaking, a reentry permit is not a guarantee. It is merely an official declaration of your intention not to abandon your green card. Normally, the govt. does not question it. But if there are facts that make them suspect that you either never established or never intend to establish permanent residence in USA, they can take you to immigration court to take away your green card.
I received my GC in Aug 2008. My company is willing to send me to India office. Does the company need to file for a N470 or can I file for it? Do I need to be employed my US operations or I can be on the parole of India operations?
Company needs to give you a detailed letter and you can work for their India operations.
In a month I will have lived in the US for one year as PR. My company is sending me to do some work for them overseas. 1. Do I have to eligible for naturalization FIRST before I file N-470? Or is this just for any LP who have lived in the US for an uninterrupted year? 2. Can I file it while I am overseas? 3. Can I file when I come back having lived outside the US for less than a Year? 4. Can I file the application and leave BEFORE I hear back from USCIS? 5. What should my employer write in the supporting documents? 6. What makes my company an American corporation/firm?
1. No, you do not have to be eligible for naturalization.
2. No, you have to file while in USA.
5 and 6 require a lawyer to look over your company's details.
I'm a U.S. citizen working overseas with the U.N. Can my wife (GC holder) use the N-470 to preserve her residency while staying overseas with me?
Yes, she can, as long as she meets the other requirements of N-470.
COMMENTS: I heard a lot about Rajiv S. Khanna's legal firm through a friend of mine and true to his word, they have proven themselves. Rajiv S. Khanna's firm has been very CONFIDENT, WELL INFORMED, HELPFUL AND PROMPT throughout the case. ABOUT MY CASE: I work for a Software company (around 300 employees) with branches throughout the world. I had to go to India for 1-2 years to train our off-shore team and streamline processes for handling US Clients. I already had a GC for about 2 years. I was worried about my stay out of US as it would hinder US Citizenship processing. N-470 seemed to be the best approach (as it would treat my stay out of US for business/employment purpose, as if I was in US). For e.g., Without N-470: Apart from other requirements for Citizenship, following must be fulfilled. . Has been physically present in the United States for at least 30 months out of the previous five years (absences of more than six months but less than one year shall disrupt the applicant's continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period) has resided within a state or district for at least three months. With N-470: If you live outside US for about 2 years on business/employment purpose, then these 2 years are counted as residing in US as long as we abide to the rules for N-470. The entire process took about a year (ie. time between submitting N-470 and getting the approved N-470 via mail) Some of the requirements are: 1. Must be on GC for at least 1 year with continuous residency in US (without any absences from US for 1 year). 2. Must apply for N-470 before leaving the country. 3. Must have a valid reason and supporting documents to show that your company is sending you to its sister company for the purpose of business improvement. 4. Apply for I-131 (Re-entry permit) before leaving from US on your assignment. Rajiv's staff has been very helpful and has all the information on how to apply for N-470. They even provided counseling to help me understand the requirements and if I qualify for N-470 before taking up my case. Good Luck...