Will I be breaking residence by traveling again within 12 months period ?

[sls 13]

I am a permanent  resident since May 1st 2015 : 
I have travelled 5 months abroad in 2015 and 2016. 
2017 I have no left the US (no trips abroad)
2018 : I was out from April 8  to September 10 (5 months and a week)
Now we are in 2019 : I would like to travel for one month from January 15th to February 15th and from April to June ( 3 months ).
Will I be breaking residence by traveling again ? is there a 12 month period or does immigration look at the 30 months over the 5 years as a whole 

Im looking to submit N400 in 2020.

thank you 

happy new year 

 

[Khallaf 650]

20 minutes ago, sls said:

I am a permanent  resident since May 1st 2015 : 
I have travelled 5 months abroad in 2015 and 2016. 
2017 I have no left the US (no trips abroad)
2018 : I was out from April 8  to September 10 (5 months and a week)
Now we are in 2019 : I would like to travel for one month from January 15th to February 15th and from April to June ( 3 months ).
Will I be breaking residence by traveling again ? is there a 12 month period or does immigration look at the 30 months over the 5 years as a whole 

Im looking to submit N400 in 2020.

thank you 

happy new year 

 

Physical Presence

Applicants are required to show that they were:

Physically present in the U.S. for thirty months within the five year period before applying, or (see legal basis)

Physically present in the U.S. for eighteen months within the three year period before applying in the case of qualified spouses of U.S. citizens (see legal basis)

 

by my calculations you should be fine, it doesn't show from what you said that you were outside move than 6 months at a time, however keep in mind some have been asked to show proof of where they went and what they were there for if I remember right.

Edited January 2, 2019 by Khallaf

[Going through 5,671]

There are two things to look at here:  Continuous Presence requirements, and Physical Presence requirements.

 

Continuous Presence means you have continued to keep the US as your main domicile over the past 5 years, despite any amount of time abroad.   If you took (frequent) lengthy trips and seemingly set up residence outside of the US during that time (ie. you rented an apartment elsewhere, used government benefits from elsewhere), it can be determined you've broken continuous presence.  

 

Physical Presence means you have been present within the US for at least 30 months within the past 5 years  before filing the N400 (at least 913 days if filing under the 5-year rule).  A good rule of thumb is to spend more time within the US than outside over each 12-month period.  USCIS does NOT count the date of departure and the date of entry into the final calculation as you are still on US soil during those days.  Based on the numbers you've given above, you should be fine for the physical requirement.