Legal Question in Immigration Law in California
I have a Greencard (EB 1A) and have to leave the country for work. To my knowledge the 5 year period until one can apply for citizenship would start all over with every exit of the country. If I file a N-470 - would that prevent me from the 5-year period starting all over again? Do I also have to file a I-131?
Thank you tons!
1 Answer from Attorneys
Once you are a U.S. Legal Permanent Resident, you do not need Advance Parole to leave the country. In addition, you only should apply for a Re-entry Permit if you plan on being outside the country for 6 months or more.
You are incorrect regarding the continuous physical presence calculation re-starting upon each departure. All cumulative time spent both inside & outside the U.S, are considered during the 5 year period, prior to filling for Naturalization. You must be residing in the U.S. for a minimum of 2.5 out of the 5 year period prior to filing.