Urgent! Pls help on InfoPass and Citizenship eligibility

[gbcitizen]

Hi, dear member including Mr. "nwctzn",

Would like to get some of your thoughts on below questions:

1. If I set up an InfoPass to consult with USCIS official, can I ask hypothetic questions without disclosing my personal information? Further, even if in the InfoPass I would show the official certain documents to illustrate my case, will they take the note in the system so I would be "recorded" or "tracked" for future USCIS reference?

2. My situation is like this:
--obtain GC in July 2008 and work/live in the US until 09/2010;
--got an offer from an US multi-national company and move back to home country in 10/2010 to promote US commerce
---has been back to the US every 3 or 4 months, staying for 1--2 weeks at each trip;
----By 04/2013 (3 months before my 5 years period is up), total physical presence in the States is about 35months,
----keep all the house, bank account, driver license etc which could be viewed as "ties" with the US
Question: When an USCIS official looks at the above timeline, will he decide whether I am eligible for citizenship application?

3. If the answer to above question is NO, would it be much better for me to make a case if I can secure an letter from my employer US parent company stating they intend to transfer me back to the US once the assignment is over in order to establish the employment "ties"?

Thanks much in advance and appreciate your prompt guidance!

[nwctzn]

Hi, dear member including Mr. "nwctzn",

Would like to get some of your thoughts on below questions:

1. If I set up an InfoPass to consult with USCIS official, can I ask hypothetic questions without disclosing my personal information? Further, even if in the InfoPass I would show the official certain documents to illustrate my case, will they take the note in the system so I would be "recorded" or "tracked" for future USCIS reference?

2. My situation is like this:
--obtain GC in July 2008 and work/live in the US until 09/2010;
--got an offer from an US multi-national company and move back to home country in 10/2010 to promote US commerce
---has been back to the US every 3 or 4 months, staying for 1--2 weeks at each trip;
----By 04/2013 (3 months before my 5 years period is up), total physical presence in the States is about 35months,
----keep all the house, bank account, driver license etc which could be viewed as "ties" with the US
Question: When an USCIS official looks at the above timeline, will he decide whether I am eligible for citizenship application?

3. If the answer to above question is NO, would it be much better for me to make a case if I can secure an letter from my employer US parent company stating they intend to transfer me back to the US once the assignment is over in order to establish the employment "ties"?

Thanks much in advance and appreciate your prompt guidance!

Taking a job overseas, even if it is at a US multi-national company, can be treated as giving up your permanent residency in the US. Did you get a re-entry permit to take that job overseas? If not, you should be on the fence since they could potentially take your green card.

Instead of going with an infopass, I would consult with an immigration lawyer.

[gbcitizen]

Thanks for prompt reply nwctzn!

Yes, I do have reentry-permit which would cover me for 2 years.

Understand where you come from. If you are in my shoes, what would you suggest to do now? Quit an oversea job and come back immediately so at least I spend the 5th year living in the US for naturalization purpose?

Also, my 3rd question regarding whether a letter from my employer's US parent company would be helpful in proving my intention to come back working/living in the US, what's your thoughts in terms of any added value?

My understanding of PR test is a totality test which contains a lot of factors, employed by an US compan's foreign subsidiay alone doesn't seem to necessarily determine whether I have given up my PR status though.

Again, apprecaite much your comments to the above.

[nwctzn]

Thanks for prompt reply nwctzn!

Yes, I do have reentry-permit which would cover me for 2 years.

Understand where you come from. If you are in my shoes, what would you suggest to do now? Quit an oversea job and come back immediately so at least I spend the 5th year living in the US for naturalization purpose?

Also, my 3rd question regarding whether a letter from my employer's US parent company would be helpful in proving my intention to come back working/living in the US, what's your thoughts in terms of any added value?

My understanding of PR test is a totality test which contains a lot of factors, employed by an US compan's foreign subsidiay alone doesn't seem to necessarily determine whether I have given up my PR status though.

Again, apprecaite much your comments to the above.

Well, does the re-entry permit specifically state that you are taking a job overseas at a US-owned company, that the job is only temporary, and that you are going to eventually return to the US?

My concern is that your foreign workplace is potentially a red flag for USCIS. I do not think that a letter from your employer would help.

Before taking drastic steps as quitting your current job and coming back, I would definitely speak to an immigration lawyer. Even if you quit now, that foreign workplace needs to be disclosed, so just spending the 5th year in the US might not be the solution.

Sorry that I cannot be of more help but I do not want to mislead you. Hence my suggestion to you is that you speak to an immigration lawyer.

[osweiti50]

I wonder why you are going to set up an "Infopass"? If I understood you well your case is as follows:

1. Your are a GC/LPR holder since a couple of years that meets the residency requirements to file your N-400 and
2. You haven't broken your residency and
3. You have more than 30 months of physical presence in the US during the last 5 years and
4. You have filed your Tax Return for all the period you worked in the US and abroad and
5. You have 3 months of district 9where you are planning to file) residency in the US and
6. Sure you are of good moral and have no arrest....etc then

What is the problem? I have many friends like your case, they filed their N-400 and got naturalized.

If I may advise I would say go ahead and file you n-400, during the period of waiting for your Fingerprint, interview and oath ceremony try to be on UNPAID LEAVE for example or Back to your US office until you get naturalized.

You may consult an immigration attorney but I think your case based on what I understood is clean. Again this my point of views not more not less and eventually the decision is yours.

Good luck