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capriwithlove

Outside of the US in total more than 6 months?

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Filed: AOS (apr) Country: Canada
Timeline

Hi! I've tried to look up this topic, but cannot seem to find what I'm looking for. I apologize if the answer is simple, but I am confused.
From my knowledge I understand as a new GC holder (as of a year ago or so) I can't spend more than 6 months outside of the US in any given year - is that each calendar year? Or from the time of my initial GC date? And is it days in total, not 6 months at a time?
I've been traveling alot and have been tracking days out of the control, which it's fairly close to 6 months now (it's 5 months or so in 2018).

Thanks in advance. :-)

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Filed: Citizen (apr) Country: Ukraine
Timeline

It's typically not more than 6 months at a time.  However, if you were to spend for example 5 months outside US and then return for a few weeks or months and then leave for another 5 months, it could become an issue.

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Short trips, especially work related, aren't an issue.  Like @gregcrs2 pointed out, being gone for a long time followed being in the US for a short time and then gone again long is not showing of immigrant intent when you do your AOS.

 

My advise is to try to keep the foreign trips as short as possible and have more time in the states until you have your next interview.

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Its per 12 month period, and generally is continuous stay.  And it's a guideline not a rule.  

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Filed: IR-1/CR-1 Visa Country: India
Timeline

Its more of a guideline, but if you DO happen to stay back, provide evidence why it was longer stay.

 

It could be:

  1. Parents death and had to settle estate.
  2. Property damaged due to some natural disaster.
  3. Legal obligation in your country of birth.
  4. Health issues etc
  5. Or worse, had a trip for 5 months but then natural disaster hit and then:
    1. the airports were not running for a while
    2. you were blocked in
    3. OR civil unrest etc that caused stay to extend 6 months

 

 

Not sure if its 6 months a year or a 12 month period but just assume the worst that it is 12 month period.

 

EG: You left US on June 1 and returned on Dec 24th.

1. During a year : it could mean you can leave again Jan 1

2. During a 12 month period means , do not leave till its June 1 the next year

 

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There are two different issues at play.

1) to keep your green card - not more than 12 months at a time (and preferably not too many long absences)

2) to preserve continuous residence for naturalization purposes - not more than 6 months 

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4 hours ago, saladboye said:

Its more of a guideline, but if you DO happen to stay back, provide evidence why it was longer stay.

 

It could be:

  1. Parents death and had to settle estate.
  2. Property damaged due to some natural disaster.
  3. Legal obligation in your country of birth.
  4. Health issues etc
  5. Or worse, had a trip for 5 months but then natural disaster hit and then:
    1. the airports were not running for a while
    2. you were blocked in
    3. OR civil unrest etc that caused stay to extend 6 months

 

 

Not sure if its 6 months a year or a 12 month period but just assume the worst that it is 12 month period.

 

EG: You left US on June 1 and returned on Dec 24th.

1. During a year : it could mean you can leave again Jan 1

2. During a 12 month period means , do not leave till its June 1 the next year

 

It’s more than a “guideline”, it’s the working assumption for defining residence (12 months) and a strict rule (6 months) as far as naturalization requirements are concerned. And your examples clearly show you don’t understand the rules. If you are a green card holder, I strongly advise you go read the uscis pages on maintaining permanent residence, travel as a permanent resident, and the physical presence and continuous residence requirements for naturalization. 

Edited by SusieQQQ
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If you aren't worried about naturalization though, it's not as large of a big deal. (For example in my case, I couldn't care less about naturalization.)  You cannot establish residence in another country and you should be IN the USA more than you are OUT of it. 

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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