Questions about trips outside of the US

[Mnj11 29]

Hi everyone, my relatives have following trips based on the I94 history :

 

03/09/2019	09/05/2019	179 Days
03/06/2018	09/06/2018	183 Days
08/14/2016	07/16/2017	335 Days
09/09/2015	03/04/2016	176 Days

 

They have two trips of more than 6 months outside of the US. They used this site to calculate the days.  For the 2016 trip, they have medical documents that can explain their overstay but for the 2018 trip they somehow messed up as they didn't consider they would enter the US later than their departure date. They're 60 years of age and travel back to their home country to meet their relatives. What are their chances ? I think they should apply and explain themselves during the interview. Does anyone have any information or advice ?

[Giovanna024 442]

They should ask Lawyer and consilt with him, he will advise them what to do

 

[geowrian 22,338]

The 335 day trip nearly guarantees that they broke continuous residence. The other trips may or may not do so, but they were a few weeks short of having a mandatory break of continuous residence. Overcoming the presumption of having done so would be quite difficult IMO.

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

 

Edit: What ties to the US do they have? Immediate family in the US? Did they file taxes as US residents? Do they have US jobs, and if so, did they terminate those and/or work abroad? Did they claim residency (or anything that requires residence) abroad? Did they retain access to their home?

Edited December 8, 2019 by geowrian

[Amadia 711]

I think they need to have compelling evidence to prove they maintained ties to the USA. Those are extremely lengthy stays outside of the USA but if you say they have medical paperwork to show for it, then good luck to them! 🤞

[SusieQQQ 11,587]

16 hours ago, Mnj11 said:

Hi everyone, my relatives have following trips based on the I94 history :

 

 

03/09/2019	09/05/2019	179 Days
03/06/2018	09/06/2018	183 Days
08/14/2016	07/16/2017	335 Days
09/09/2015	03/04/2016	176 Days

 

 

They have two trips of more than 6 months outside of the US. They used this site to calculate the days.  For the 2016 trip, they have medical documents that can explain their overstay but for the 2018 trip they somehow messed up as they didn't consider they would enter the US later than their departure date. They're 60 years of age and travel back to their home country to meet their relatives. What are their chances ? I think they should apply and explain themselves during the interview. Does anyone have any information or advice ?

I think they might have some difficulty (I am somewhat curious how both had a medical issue arising during a trip requiring such a long time away too, but I don’t think that’s the main issue here). I’m not convinced “medical reasons” works for this either, as the policy guidance is actual location and not intent. They need to rebut the assumption for both the 2016 and 2018 trip about breaking continuous residence, and that will partly depend on their living situation in the US. The fact that they are clearly trying to game the system by making annual just less than 6 month trips out is probably not going to be in their favor. Do they have unrestricted access to their own apartment/home, or do they stay with kids while they are here? This is what the policy manual says for breaks of between 181 days and 1 year:

 

—-

An applicant’s intent is not relevant in determining the location of his or her residence. The period of absence from the United States is the defining factor in determining whether the applicant is presumed to have disrupted his or her residence. 

An applicant may overcome the presumption of loss of his or her continuity of residence by providing evidence to establish that the applicant did not disrupt his or her residence. The evidence may include, but is not limited to, documentation that during the absence:

• The applicant did not terminate his or her employment in the United States or obtain employment while abroad.

• The applicant’s immediate family remained in the United States.

• The applicant retained full access to his or her United States abode.

 

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

[cyclone27 710]

Reset to 2019 - stay in country and reapply in 2024. 

[SusieQQQ 11,587]

5 hours ago, cyclone27 said:

Reset to 2019 - stay in country and reapply in 2024. 

They can use September 2018 as the start of the new 5-year cycle, but in general I’d agree.

of course if spending the $1500 or so for the two applications isn’t a big issue for a “just in case” they can try I guess 🤷‍♀️

[Mnj11 29]

Thank you everyone for your answers and I apologize for the delay in replying back. They have their children here. They do not work and that is why they keep traveling. They have filed taxes every year since they have been here. During one of the trip, one of them had a medical issue but the other stayed behind for companionship. The other trip, they just messed it up somehow. After I passed along the information from here, they decided to hire a lawyer. The lawyer has filed the case on their behalf and he's only asking for $500 once the case is successful. I will try to update this thread if any new information comes up.

 

Meanwhile, does anyone know if they can fingerprint at any ASC location ? Can they simply walk-in for fingerprint once they get the notice of action ? I ask because they're currently not in their home state. Thanks for your help in advance.

[geowrian 22,338]

3 minutes ago, Mnj11 said:

Meanwhile, does anyone know if they can fingerprint at any ASC location ? Can they simply walk-in for fingerprint once they get the notice of action ? I ask because they're currently not in their home state. Thanks for your help in advance.

Generally, no. Sometimes you can do a walk-in on another date at the same ASC, but it would be unusual (at the very least) to do them at another ASC...I can't, think of a case off-hand that has done so successfully.