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!

Asked on 8/20/13, 10:16 am

1 Answer from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law
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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.

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Answered on 8/20/13, 10:24 am

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