PRESERVATION OF RESIDENCE
PRESERVATION OF RESIDENCE FOR NATURALIZATION PURPOSES
Certain naturalization applicants may seek to preserve their residence for an absence of one year or more to engage in qualifying employment abroad. Such applicants must file an Application to Preserve Residence for Naturalization Purposes (Form N-470).
- The applicant must have been physically present in the United States as a Lawful Permanent Resident (LPR or Green Card holder) for an uninterrupted period of at least one year before working abroad.
- The application may be filed either before or after the applicant’s employment begins, but before the applicant has been abroad for a continuous period of one year.
- In addition, the applicant must have been:
- Employed with or under contract with the U.S. government or an American institution of research;
- Employed by an American firm or corporation engaged in the development of U.S. foreign trade and commerce, or a subsidiary thereof if more than 50 percent of its stock is owned by an American firm or corporation; or
- Employed by a public international organization of which the United States is a member by a treaty or statute, and by which the applicant was not employed until after becoming an LPR.
The applicant’s spouse and dependent, unmarried sons and daughters are also entitled to such benefits during the period when they were residing abroad as dependent members of the principal applicant’s household. The application’s approval notice includes the applicant and any dependent family members who were also granted the benefit.
Note that the approval of an application to preserve residence does not relieve an applicant (or any family members) from any applicable required period of physical presence, unless the applicant was employed by, or under contract with, the U.S. government.
Approval of an application to preserve residence does not guarantee that the applicant (or any family members) will not be found, upon returning to the United States, to have abandoned lawful permanent resident (LPR) status. USCIS may determine that an applicant abandoned LPR status if the applicant claimed special tax exemptions reserved for nonresident aliens. However, the applicant may rebut this presumption by providing credible and acceptable evidence demonstrating that they did not abandon LPR status.
Approval of an application to preserve residence also does not relieve the LPR (or Green Card holder) of the need to have an appropriate travel document when the LPR (or Green Card holder) seeks to return to the United States. A Green Card is acceptable as a travel document only if the person has been absent for less than one year. If an LPR (or Green Card holder) expects to be absent for more than one year, the LPR (or Green Card holder) should also apply for a reentry permit. The LPR (or Green Card holder) must actually be in the United States when they apply for a reentry permit.
Frequently Asked Questions
Do U.S. citizens have an advantage over permanent residents when petitioning?
Yes. U.S. citizens can petition for more types of family members, including parents and married children, and may have shorter wait times compared to permanent residents. They also can take advantage of sponsoring unlimited immediate relatives.
What is the difference between “Numerically Limited” and “Unlimited” family categories?
Numerically limited categories, covering most family-sponsored immigrants, include preference categories with annual caps. When demand exceeds supply in a preference category, approved petitions enter a queue until their priority date becomes current as listed in the monthly Visa Bulletin. Unlimited categories only include immediate relatives of U.S. citizens and are not subject to priority dates.
What documents are needed for a family-sponsored immigration petition?
Required documents generally include proof of the relationship (such as birth or marriage certificates), evidence of the sponsor’s legal U.S. status, and the necessary completed application forms.
How can I bring my fiancé to the U.S.?
To bring your fiancé to the U.S., you can apply for a K-1 fiancé(e) visa. This visa allows your fiancé to legally enter the United States for the express purpose of getting married within 90 days of their arrival. After getting married, your fiancé can then apply for Adjustment of Status to obtain permanent resident status.
Can my relative remain in the U.S. while waiting for a family-sponsored green card?
Usually, applicants must maintain lawful status or wait abroad until their visa is available. Adjustment of Status within the U.S. may be possible in certain cases.
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