2. Filing Form N-470. The Form N-470 (Application to Preserve Residence) is designed to allow certain permanent resident aliens the opportunity to remain outside the United States, for over one (1) year without forfeiting their eligibility for naturalization. The N-470 is filed when a lawful permanent resident will remain outside the United States for a continuous period of time over one (1) year. The N-470 instructions contain important information both for the applicant and the adjudicator. The data portion of the form is one (1) page. Also see 8 CFR 316.5(d).
The N-470 is filed with the district office having jurisdiction over the alien's place of residence. The application is considered properly filed if accompanied by the proper fee, and is signed by the applicant. Additional evidentiary material and/or affidavits supporting the request may accompany the application. The evidence submitted should be in the form of official communications from the appropriate officer of the organization that employs the person filing the application. Under section 316(b) of the Act, the Form N-470 may be filed either before or after the applicant's employment commences, but must be filed before the applicant has been absent from the United States for a continuous period of one year. Also, section 316(b) requires that the applicant be a LPR and physically present and residing in the United States for an uninterrupted period of at least 1 year before he or she is eligible to file. Under section 317, the Form N-470 may be filed either before or after the applicant’s absence from the United States or the performance of the functions or services.
The “A” file should be obtained to verify the data and status of the alien filing the application. If the file cannot be obtained in a reasonable amount of time, a USCIS check can be made and the application adjudicated if there is sufficient information. In the case where the "A" file cannot be located or transferred in a timely manner, the application and supporting documents can be housed in a temporary file.
3. Review of Form N-470 & Evidence. The necessary evidentiary material should be attached (see below). Question #6 will be the determining section for the benefit requested, either Section 316 or Section 317. Review the departure information for any absences for determination of the requisite one year of uninterrupted physical presence. When affidavits or a corporate official's report is requested the following should be considered:
a) the title of the official making the affidavit, the name of the firm or corporation in which he/she holds office and whether he/she has access to the records of the same.
b) whether the employing organization is an American firm or corporation engaged in the development of foreign trade and commerce of the United States, or is a subsidiary thereof.
c) the nature of the business which is conducted by the employing organization, church, religious denomination, or interdenominational mission.
d) if it is a corporation, the name of the state under the laws of which it was organized, the date of incorporation and that it is existent.
e) if it is a subsidiary (whether American or foreign) of an American firm or corporation, engaged in the development of foreign trade and commerce of the United States, the affidavit should be executed by an appropriate administrative official of the parent organization and should state the facts of ownership and or control of the subsidiary and the exact percentage of stock owned by the parent organization.
f) the facts of the applicant's employment, including the nature of the service to be performed by him, during the period or periods of absence to be considered.
g) whether the applicant will be engaged in the development of foreign trade and commerce of the United States or the applicant's absence from the United States was or will be necessary to the protection of the property rights abroad of the employing firm or corporation or subsidiary during the period or periods of absence to be considered, or solely in his or her capacity as a regularly ordained clergyman, missionary, brother, nun, sister; and in the case of one employed by a public international organization , the date when and place where applicant was first employed.
Please note to check the applicant’s tax returns. Even with the approved N-470, if the applicant files returns as a non-resident, it raises a rebuttable presumption that LPR status has been relinquished. See 8 CFR 316.5(d)(1)(iii). This information is noted on the N-470.
4. Adjudication and Examiner’s Report. When a thorough examination of the application has been completed, if appropriate, a Notice of Approval of the application is made on Form N-472. Section 316(b) benefits include the spouse and dependent unmarried sons and daughters who are residing abroad as members of the applicant’s household during the period covered by the application. The Form N-472 should identify the included family members. See 8 CFR 316.5(d)(1)(ii).
The last page of the application has the examiner's report. This section is completed according to the benefit requested. Each numbered statement is quite self-explanatory and can be answered as mentioned above. The final statement regarding the recommendation to either grant or deny the application is made by the officer and then submitted through the appropriate chain of command for district director’s approval and order.
If the application is denied, a written denial indicating the reason(s) for denial and notice of appeal must be sent to the applicant by certified mail. The denial of the application should include the reference to provisions of 8 CFR section103 regarding the requirement for appeal, including that the appeal must be filed with the district office issuing the denial.
