How much is too much travel with conditional green card?

[NovaDC 270]

Hi everyone.

I got my conditional green card last October 2018. Last February 2019, my husband and I went back to Philippines for 3 weeks and had our 2nd reception.  This coming August I'll be going back there and will stay for another 3 weeks to attend a close friend's wedding. This coming December we are planning to go to South Korea for a wedding anniversary trip. We'll be there for two weeks. 

Question: Would these short abroad trips can get me in trouble when I apply for removing of conditions and then later on the Citizenship application?

[Sextus Empiricus 15]

No no and no. You will not get in trouble for these short trips you are describing. In my five years before naturalizing I traveled internationally about twenty one times. There is no absolute definition for too much traveling that will break your continuous residence IF those travels are in a series of short duration. When the trips are of short duration, it only breaks continuous residence when taken together the interviewing officer believes you were no longer residing in the USA. There is some subjectivity to it

 

What will definitely break your continuous presence according to law is being away for more than a year.

 

https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3

 

 

Quote

 

1. Absence of More than Six Months (but Less than One Year)

An absence of more than six months [more than 181 days but less than one year (less than 365 days)] during the period for which continuous residence is required is presumed to break the continuity of such residence. This includes any absence that takes place prior to filing the naturalization application or between filing and the applicant’s admission to citizenship. 

 

2. Absence of One Year or More

An absence from the United States for a continuous period of one year or more (365 days or more) during the period for which continuous residence is required will break the continuity of residence. This applies whether the absence takes place prior to or after filing the naturalization application. ^[13] 

The naturalization application of a person who is subject to the continuous residence requirement must be denied for failure to meet the continuous residence requirements if the person has been continuously absent for a period of one year or more without qualifying for the exception benefits of INA 316(b). An applicant who is absent for one year or more to engage in qualifying employment abroad may be permitted to preserve his or her residence. 

 

 

Edited June 15, 2019 by Sextus Empiricus

[HRQX 4,145]

9 minutes ago, NovaDC said:

Question: Would these short abroad trips can get me in trouble when I apply for removing of conditions and then later on the Citizenship application?

Not an issue: https://www.uscis.gov/green-card/after-green-card-granted/international-travel-a-permanent-resident

[jskibo 588]

Wife went to PI for 3.5 months and no issue. Finished naturalization last August

[NovaDC 270]

20 minutes ago, Sextus Empiricus said:

No no and no. You will not get in trouble for these short trips you are describing. In my five years before naturalizing I traveled internationally about twenty one times. There is no absolute definition for too much traveling that will break your continuous residence IF those travels are in a series of short duration. When the trips are of short duration, it only breaks continuous residence when taken together the interviewing officer believes you were no longer residing in the USA. There is some subjectivity to it

 

What will definitely break your continuous presence according to law is being away for more than a year.

 

https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3

 

 

 

Thank you for the quick response. This makes me feel at ease now.

19 minutes ago, jskibo said:

Wife went to PI for 3.5 months and no issue. Finished naturalization last August

Thank you for the response.