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 residence." -You are confusing a couple of things. 183 days is a tax issue (substantial presence test, a person is a resident for tax purposes if the person is in the US for at least 183 days per calendar year, see IRS Publication 519, Tax Guide for Aliens.) For PRs, that doesn't matter, though, since PRs are always tax residents (See the Greencard test explained in IRS Pub. 519.) For naturalization, a couple of requirements exist, outlined in the "Guide to Naturalization" available on the CIS website. One requirement is 5 years of continuous residence. Any stay abroad over 6 months duration breaks the continuous residence. This has nothing to do with the calendar
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