For individuals seeking U.S. citizenship through naturalization, maintaining continuous residence in the United States is a key requirement. Typically, N-400 applicants must have continuously resided in the U.S. for five years before filing for naturalization (three years in the case of qualified spouses of U.S. citizens). Out of those five years, the applicant must have been physically present for at least 30 months, or half of the residency period (18 months in the case of qualified spouses of U.S. citizens).
If a lawful permanent resident leaves the U.S. and remains away uninterrupted for more than a year, their residency requirements will be reset. To address such situations, Form N-470 allows eligible individuals to preserve their continuous residence while working abroad.
What Is Form N-470?
The name of Form N-470 is Application to Preserve Residence for Naturalization Purposes. Not all LPRs working abroad are eligible to file Form N-470. To qualify, the applicant must meet these criteria:
- Nature of Employment:
- Working for the U.S. government (including its armed forces).
- Employed by a U.S. institution of research recognized by USCIS.
- Working for a U.S. company engaged in foreign trade and commerce.
- Employees will not qualify for extended absence if they work for a subsidiary that is not owned at least 50% by a singleS. company. If there are multiple U.S. companies with shares that add together to total 50%, it does not count.
- Working for a public international organization of which the U.S. is a member by treaty or statute (e.g., the United Nations).
- Performing ministerial or priestly functions as a clergyperson for a religious organization with a valid U.S. presence.
- Prior Residence:
- The applicant must have resided in the U.S. as an LPR for at least one uninterrupted year before filing Form N-470.
- Employment Duration:
- The employment abroad must be for at least one year.
- Timing of Filing:
- Form N-470 must generally be filed before departing the U.S. However, certain exceptions may apply for individuals employed by the U.S. government or its agencies.
- Religious workers will not need to meet the one-year residency requirement before filing Form N-470. They can apply before leaving the U.S., after leaving the U.S., or after they have returned to the U.S. This is because the nature of their jobs may often require extensive travel abroad.
Benefits of Filing Form N-470
By filing Form N-470 and receiving approval, applicants can:
- Preserve their continuous residence requirement for naturalization.
- Avoid resetting the five-year (or three-year, for spouses of U.S. citizens) continuous residence requirement due to extended absences abroad.
It is important to note, however, that preserving continuous residence through Form N-470 does not exempt applicants from the physical presence requirement. Applicants must still meet the physical presence standard, which requires spending at least half of the required residency period (e.g., 30 months in a five-year period) in the U.S.
How to File Form N-470
- Complete the Form: Applicants must complete Form N-470, providing detailed information about their employment, the nature of their overseas assignment, and their residence in the U.S.
- Submit Supporting Documents: Include evidence such as:
- Proof of LPR status (e.g., green card).
- Employment verification letters detailing the nature and duration of the assignment.
- Evidence of continuous residence in the U.S. for at least one year as an LPR.
- Pay the Fee:
The filing fee for Form N-470 is $420. Fee waivers are generally not available for this form. - File with USCIS:
Submit the form to the designated USCIS address as specified in the instructions.
Common Considerations
- Family Members: If you file Form N-470 and it is approved by USCIS, your spouse and all dependent unmarried children will receive the same benefit so long as they are members of the same household and live with you abroad.
- Reentry Permits: LPRs planning extended absences should also consider applying for a reentry permit using Form I-131 to maintain their green card status.
- Denials and Appeals: If Form N-470 is denied, the applicant may file an appeal with the Administrative Appeals Office (AAO). The applicant may file a motion to reopen or reconsider if new evidence or errors in the decision are identified.
Final Thoughts
Form N-470 is a valuable tool for lawful permanent residents whose work requires them to live abroad but who still aspire to become U.S. citizens. By understanding the eligibility criteria, benefits, and filing process, applicants can safeguard their pathway to naturalization while fulfilling their professional obligations overseas.
For personalized guidance and to ensure eligibility, consider consulting an immigration attorney or accredited representative.
You can also read: How to Successfully Navigate Naturalization
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