90 Days before applying for citizenship

[franki 0]

Hi,

I have few questions regarding U.S citizenship. This question is for someone who is a legal permanent resident through marrying a U.S citizen who becomes a resident in May 2009.

This is what I read on USCIS web ‘’instructions for applying to citizenship’’ (if you are applying based on five years as a lawful permanent resident or based on three years as a lawful permanent married to a US citizen, you may apply 90 days before you meet the ''continues resident'' requirements. You must meet all other requirements at the time that you file your application with USCIS)

Question: what is ''continues resident'' and when this starts, as soon as you enter to the country? OR as soon as you become a legal resident? Just an FYI, This person has entered United States in January 2009 on a fiancée visa she applied for her adjustment of status she got her conditional green card in May 2009 and now she has her FULL 10 years green card in hand BUT here is the catch she is not living with her husband and deciding to divorce. Is her time starts from January 2009 since she was legally in the country or the day she granted permanent resident, Please clear why does it say continues if that is the case then she continuouslyinusly legally in the country since January 2009 then she can apply for her citizenship in October 2013, 90 days before her continues residence?

Question: It says in their requirements that you should be present half the time as your physical resident requirements 30 months if 5 years – 18 months for 3 years. ‘’YOU cannot be out of the country for more than 6 months trips or this will break your counties resident. So if someone taking care of a parent overseas and spends 3 or 4 moths outside comes back stays for a month and leaves for another 3 – 4 months then comes back until it reaches the time for him/her to apply for citizenship this should NOT be a problem since the person is in the country less than six months period and filling his/her taxes on time – having relationships with U.S during this time like bank accounts open – mortgage and car payments , Do you think when this person going back and forth like this say 4 times a year this will cause an issue ?

Sorry for the detailed questions.

Regards

[OKflyboy 35]

Continuous residency, 3 or 5 years since she became a legal permanent resident. Not since she entered the country.

Four trips a year may raise questions even if they're short (if it's not for work). Leaving for 3-4 months, coming back for a month and leaving again is a huge issue. She cannot be outside the US for more than 6 months out of a year. This way it adds up to at least 9 months out.

[Anh map 2,098]

The time begins when the green card is issued. In this case May 2009. Prior to adjusting status your friend was not a legal resident of the US.

Go to the N-400 page on the USCIS website and use the tools they have there in the information to determine if the scenario you describe will meet the residency requirement. Short stays in the US between long stays outside the US will likely be questioned. The story (caring for a relative) doesn't really matter. It's a numbers issue.

[v333k 59]

Continuous residence: Must not have been outside the country for periods of 6 months or longer at a time.

Physical presence: Must have spent a total of 18 our of 36 months or more in the US.

Now if she divorces, she can only apply based on 5 years.

I will add my voice to OKflyboy as the trips taken out of the country could look suspicious to the IO. Got married, received GC, removed conditions, got divorced after 10 year GC, and spends 3-4 months our of the country/ 1 month in the US. This does not fit the profile of someone who "wants" to move to the US but the profile of someone who wants to obtain "immigration" privileges in the US.

Also, Anh map is correct - anyone can say they are taking care of family (not that I am saying she is lying), but they are trained to detect trends and patterns and they will follow up on those.

[VanessaTony 3,567]

She will need to add up how many months she's been IN the US.

If she's out longer than 6 months at a time her USC clock pauses, more than 12 months (with a reentry permit) and it resets back to zero. It doesn't sound that she will have this issue as she was out less than 6 months at a time. However, she needs to know how long she's been out TOTAL in the last 5 years.

Not to mention, doing it the way she is (in and out) she runs the risk of having her greencard revoked as it looks like she's living somewhere else and "visiting" the US.

[franki 0]

The time begins when the green card is issued. In this case May 2009. Prior to adjusting status your friend was not a legal resident of the US.

Go to the N-400 page on the USCIS website and use the tools they have there in the information to determine if the scenario you describe will meet the residency requirement. Short stays in the US between long stays outside the US will likely be questioned. The story (caring for a relative) doesn't really matter. It's a numbers issue.

entréeenteree permit should eliminate the questions, correct? My question is USclearlyclrealy states ''YOU SHOULD NOT LEAVE THE UNITED STATES FOR TRIPS MORE THAN 6 SIX MONTHS OR IT MAY BREAK YOUR CONTINUES RESIDENCE CHAIN AND 1 YEARS OR MORE TRIPS WILL BREAK THE RULES'' So she can havdocumentucument in hand once they stop her to show them hey this is your text not mine correct?

Thanks.

[franki 0]

She will need to add up how many months she's been IN the US.

If she's out longer than 6 months at a time her USC clock pauses, more than 12 months (with a reentry permit) and it resets back to zero. It doesn't sound that she will have this issue as she was out less than 6 months at a time. However, she needs to know how long she's been out TOTAL in the last 5 years.

Not to mention, doing it the way she is (in and out) she runs the risk of having her greencard revoked as it looks like she's living somewhere else and "visiting" the US.

A re-enteree permit should eliminate the questions, correct? My question is USCIS clearly state ''YOU SHOULD NOT LEAVE THE UNITED STATES FOR TRIPS OF MORE THAN 6 SIX MONTHS OR IT MAY BREAK YOUR CONTINUES RESIDENCE CHAIN AND 1 YEAR OR MORE TRIPS WILL BREAK THE RULES AND THE CLOCK WILL RESET'' So she can have the document in hand once they stop her to show them... hey this is your text not mine, correct?

Thanks.

[VanessaTony 3,567]

A re-enteree permit should eliminate the questions, correct? My question is USCIS clearly state ''YOU SHOULD NOT LEAVE THE UNITED STATES FOR TRIPS OF MORE THAN 6 SIX MONTHS OR IT MAY BREAK YOUR CONTINUES RESIDENCE CHAIN AND 1 YEAR OR MORE TRIPS WILL BREAK THE RULES AND THE CLOCK WILL RESET'' So she can have the document in hand once they stop her to show them... hey this is your text not mine, correct?

Thanks.

The re-entry permit is for ONE trip out of the US for more than 12 months and less than 2 years. Staying out for 12 months means her USC clock resets so no, this wouldn't help her. The re-entry permit only permits her to re-enter after 12 months being outside the US when without it she would be denied entry and her LPR status revoked.

[franki 0]

The re-entry permit is for ONE trip out of the US for more than 12 months and less than 2 years. Staying out for 12 months means her USC clock resets so no, this wouldn't help her. The re-entry permit only permits her to re-enter after 12 months being outside the US when without it she would be denied entry and her LPR status revoked.

Thank you all!