Certain LPR’s who are to be employed abroad for an extended period of time may obtain special permission to remain abroad for a continuous period in excess of twelve months without interrupting the continuity of residence. Such a person must:
- Be a Lawful Permanent Resident;
- Be an employee of the U.S. government, an American institution of research, a public international organization of which the U.S. is a member, or an American company: or he/she must be engaged as a missionary or religious worker;
- Have at least one year continuous residence and physical presence in the U.S. subsequent to admission as an LPR;
The application is made on Form N-470 accompanied by a letter from the employer and a filing fee. The application should be filed before departing from the U.S., but can be filed after departure providing the one year has not yet lapsed.
Approval of the application protects only the continuity of residence; it does not preserve physical presence, except in the case of government employees and missionaries.
Thus, an employee of a U.S. company temporarily posted abroad, who will return to the U.S. at least once per year, may not clearly benefit from this application, though it still may be prudent to file one.