Help with continuous residence status

[chickpeas 0]

Hi,

I have a question regarding continuous and physical presence as a Permanent Resident. I wish to verify what and how exactly the "6 months" rule applies. I have already fulfilled the physical presence requirement of 30 months since receiving my permanent resident status on April 2008.

So far I have traveled outside the U.S. for a total of 117 days spaced out in the span of three years and five different trips. The longest being 75 days recently.

I am facing a very emotionally stressful period because my wife, who was in the U.S. on a student visa, now has to work outside the U.S. I want to maximize the time I can spend with her without disrupting my continuous residency requirement for my naturalization purpose. I was hoping to be with her between 2-3 months at a time while spending 2-3 months in the U.S. Would this be acceptable to U.S.C.I.S as qualifying continuous residence?

Both of us clearly want to make the U.S. our permanent home, but she cannot work in the U.S. and I have to be present in the U.S. for naturalization. Also, my wife had to spend a week in the hospital recently and has since suffered emotional distress because of this experience. We have all the medical records. Is there a way to express our difficulties to U.S.C.I.S?

We would greatly appreciate all of your feedback and inputs.

Thank you.

[Oksana & Max 94]

If I am not mistaken in order to qualify for a permanent residence, you have to spend time in us at least 180 days each year. Based on what you described seems like you fine.

[warlord 73]

The "6 month Rule" has always been greatly misunderstood here. That rule only means that before 6 months, the IO has to do the work to prove you broke continuous residency to either revoke the Green Card or delay the application until the proper time in the county has been satisfied. After 6 months, you now have to do the work to prove to the IO that you did not break continuous residency in order to keep your Green Card and status as well as preserve your current application.

So for instance if someone decided to move out of the US for 3 months, get a job in another county, have no ties at all to the US, and then comes back for the interview. The IO could then prove you have broken the rules for the Permanent residency status (living abroad as is) and then they would get the necessary proof to file for a revocation of your Green Card possibly or re-set your clock.

In another example if you have left the country for 8 months to take care of a ailing parent or relative and you have kept your home/apt, still maintained bills and such in the US. You now would have to get all that proof together to show the IO that you actually were still maintaining US residency in accordance to the Permanent residency rules.

So hopefully that clears it up. Many people misunderstand the whole thing thinking it has to do with you being able to live outside the US up to 6 months, come back and then leave again and be fine. This is not the case and this rule has nothing to do with that as an IO can deny, revoke or delay any application if there is enough proof regardless of the time spent outside the US...

[v333k 59]

Continuous residence - have you taken a trip out of the US that lasted 6 months or longer in the past 5 years?

Physical presence - have you spent more than 30 months our of 60 out of the us in the past 5 years?

To me - it seems that you have not broken either rule so you are good to go!

[chickpeas 0]

Continuous residence - have you taken a trip out of the US that lasted 6 months or longer in the past 5 years?

Physical presence - have you spent more than 30 months our of 60 out of the us in the past 5 years?

To me - it seems that you have not broken either rule so you are good to go!

First of all, thank you all who posted above.

I have not, and do not plan to stay outside the United States for more than 5 months at a time. I have already fulfilled my 30 months out of 60. My intention is to file my N-400 paperwork on January 2013 since April 2013 is my 5 year mark since obtaining permanent residency.

I also called the USCIS "hotline" and asked to have my call escalated to an officer. When I asked about this matter, the officer just blurted out, "if you are ever absent for more than 365 cumulative days within the 5 year period, your N-400 application will be DENIED!" . I just took the officer's word for it, but while trying to research this new found "fact", I couldn't really find anything concrete. I plan on going into my local USCIS office and ask about this in person soon. Can anyone verify this claim about the 365 days absence within 5 years? I am hoping the officer is incorrect.

Thanks again.

[Jessica24 3]

As per the information provided on the guide to naturalization - 'if you leave the United States for 1 year or more, you have disrupted your continuous residence. This is true even if you have a Re-entry Permit'. The time that you stayed before this 1 yr will not be considered for your continuous requirement period. Certain category of people can file in Form N-470 to maintain their continuous residence despite their frequent and long duration trips out of the US. Note that this facility is only for a select few.

[chickpeas 0]

As per the information provided on the guide to naturalization - 'if you leave the United States for 1 year or more, you have disrupted your continuous residence. This is true even if you have a Re-entry Permit'. The time that you stayed before this 1 yr will not be considered for your continuous requirement period. Certain category of people can file in Form N-470 to maintain their continuous residence despite their frequent and long duration trips out of the US. Note that this facility is only for a select few.

^^^^^ Thanks Jessica24.

I also thought this was the case, but the officer was very specific when telling me that they kept track of my cumulative days out of the country within the 5 years. So if what I was told was true, then I only have about 240 days left before going over the 365 days mark. This must have been a mistake, right?

Please let me know if anyone has heard of a recent rule change, or know for a fact that this information given to me is incorrect.

Cheers!

[Brother Hesekiel 2,236]

There was no recent rule change.

Staying out of the U.S. for more than 365 days is not a deal breaker for naturalization purposes per se. It's still possible that you may encounter problems at the airport eventually if a pattern of 2 months in, 2 months out establishes itself.

[chickpeas 0]

Thanks Brother Hesekiel.

I was thinking of applying for an I-131 (Application for Travel Document) to avoid any questions about my intention to become a U.S citizen at a port of entry.

Any suggestions to avoid being harassed or questioned unnecessarily? I only wish to be with my wife and make sure she is in good mental and physical health. TSA and USCIS should understand this, right?

[warlord 73]

If you are planning to be out over 365 days without a re-entry permit then chances are you will be denied and have your Green Card revoked unless you build yourself an extremely strong case that you can prove to the IO and immigration upon re-entering the US.

As I said, it's all about the nature of your absence. Your best bet would be to do what you originally stated and spend 2-3 months out, come back for a number of months and go back etc.Though it would be better to split it up 2 months there, 4 back 2 there, 4 back or so.

If you do not want to be harassed at then make sure you aren't either overstepping the boundaries of the Green Card or overstaying too long outside the US and minimal time back in the US before leaving again. Immigration doesn't need to understand anything, they just need to know if you are entering the US legally with a valid Green Card that wasn't abandoned. If they see you have been gone for a very long time, or multiple back and forth trips with minimal time in the US, then they will probably question you on this to determine if you are violating the terms of the Green Card...

[Brother Hesekiel 2,236]

I second what Warlord stated so eloquently. A reentry permit is needed when you plan on being outside the U.S. for 1 year or longer. At that time your residency clock would reset itself to zero and you can start over when you come back.

Don't even think about that.

[chickpeas 0]

Thank you for all of your help, everyone.

Quoted from the Guide:

"5 years as a Permanent Resident without leaving the United States for trips of 6 months or longer."

Does this mean one single trip that lasted for 6 months or the length of a few trips totaling "6 month"?

[NotBonJovi 6]

Any single trip which is not more than 6 months. Which again is misleading, because its actually no trip more than 180 days which is usually a few days shy of actual 6 months.

Check others threads on Continuous Residence on this forum.