Immagration Lawyer Advises
Q: I am a U.S. LPR. I am thinking of accepting an overseas job (under US payroll) with schedule about one month off (spent in the US) and one month on/work (outside US) under rotating basis. Almost about equal time on and off, and will make sure 183+ days spent in the US. As long as I spend at least 163 days per calendar year period(?) or is it per rolling 365 days period(?) in the US... am I still eligible for claiming naturalization after some time? What precautions do I need to think of, if any?
A: -It would be advisable to speak with a good immigration attorney. He/she might advise filing an N-470 as a precaution, if nothing else it would show your desire to become a citizen at an early stage. -That is a special case in the law. If you come back after a year or more abroad, the 5 years continuous residence actually start 364 days before you return. However, in this case, it is *not* allowed to apply 90 days earlier. The law says that in this case, a person can *file* 4 years and 1 day after return. Apply even one day earlier, and a denial is assured... 8 CFR 316.5(c)(1)(ii): "An applicant described in this paragraph who must satisfy a five-year statutory residence period may file an application for naturalization four years and one day following the date of the applicant's return to the United States to resume permanent