continuity and physical requiremnet question.

[cd41 0]

Hello,

I went out of the usa with an advanced parole........My GC was mailed after that so my greencard bears a production date 45 days after my leaving the country.....I am still in my country of origin and plan to go back before 6 months (starting from date on GC) but actual stay out of usa will be 7 plus months.

My thinking is that my continuous residency should not be affected as I did not become a permanent reisdent till 45 days into my visit abroad.....am I thinking right?

As i got GC through my spouse....if I do not meet the residence requirements does it mean I will have to wait another 6 months before applying for citizenship i.e 3.5 years?.....I am thinking in advance so please help.

[warlord 73]

Hello,

I went out of the usa with an advanced parole........My GC was mailed after that so my greencard bears a production date 45 days after my leaving the country.....I am still in my country of origin and plan to go back before 6 months (starting from date on GC) but actual stay out of usa will be 7 plus months.

My thinking is that my continuous residency should not be affected as I did not become a permanent reisdent till 45 days into my visit abroad.....am I thinking right?

As i got GC through my spouse....if I do not meet the residence requirements does it mean I will have to wait another 6 months before applying for citizenship i.e 3.5 years?.....I am thinking in advance so please help.

Well you do know coming back 6 months before won't do anything to support your case or not. It is the nature of what you are doing outside the US that matters. If you are living and residing and working for a foreign employer there with no ties to the US, then yes you could be out 3 months and run into a lot of problems (possible barring of the Green Card).

So all this will depend on what you are doing there and how strong your US ties are...

[cd41 0]

I am in an unusual situation so I need advice

1. I am a GC holder(from spouse) on a trip to home country.45 days of this trip were while I had an AP so I was not a PR.PR date starts form 47th day (approx)(it was mailed to my home address...I will return before 6 months from the date on the GC/PR card(which is the date my permanent residence starts) but my total trip (including time while the GC was being processed will be 7 months ....SO how will I handle this when applying with the N 400?..........my trip outside the USA will have been for more than 6 months but not from the time I became a permanent resident.

2.My next question is how do I get my GC sent to me?Can I get it couriered or do I enter with my AP whose date is valid?

[cd41 0]

Thanks warlord...........I'm basically not employed abroad here so I'm just at home and trying to sell assets to start a business in usa as my intention is to settle there.I may have to make one more such trip but shorter as I have to take care of assets.

[warlord 73]

Thanks warlord...........I'm basically not employed abroad here so I'm just at home and trying to sell assets to start a business in usa as my intention is to settle there.I may have to make one more such trip but shorter as I have to take care of assets.

Just have a lot of proof of US ties, like a home and bills and that sort of thing and show proof of the nature of why you are abroad. People have been out longer then 6 months without an issue as long as they can show enough documentation on why they have to be out. Eventhough IO's can be very different from one another, it seems that most will be ok with that.

The big thing is before 6 months of being out, the IO will have to prove that one broke your continous residency if they wish. After 6 months, you have to prove that you didn't break it. So that's all the infamous 6 months thing really means. In your case it's kind of on the line, so I would take that as you needing to convince the IO that you in fact are not breaking continous residency by showing all the proof you can and you should be ok (though as I said, every IO is different, so it's never a guarentee)...

[cd41 0]

Thanks warlord for the reply.........hmmm so hopefully thinking into the future I will be able to apply 90 days before the 3 year period and not wait 6 months after that.