Need help. Questions on eligibility

[zaback21 29]

So my sister has lived in USA for 3 years out of the last 3.5 years in USA since receiving Green Card. As far I am concerned she has already completed the 30 months requirements. 

 

She recently got married and hence planning to stay abroad with her husband in Canada for the next 1 year -  11 months out of 12 months with 15-20 days of returning to USA before every 6 months to not stay abroad for more than 180 days. 

 

She is planning to return to USA on her 4.5 years and stay continuously 6 months so she can apply for naturalization. 

 

1. Is it mandatory to stay 180 days out of 365 to be eligible for naturalization? Someone advised her that's the case. The lawyer in question saying if she doesn't stay for 6 months in USA in a year, she won't get US passport. Is this correct?

 

2. Her husband is planning to apply for her Canadian PR. She is expected to become Canadian PR before she reaches 4.5 years. Will that have any adverse effect on her naturalization process? Does getting a PR of another country makes it harder during USCIS interview or her intent to become US citizen?

 

3. On her last year, she will be away for the first 6 months. Then 6-9, the 3 months she is planning to stay in USA to be eligible for naturalization. Is this fine and can she apply for naturalization after her 9th month and obviously she will stay the rest of the 3 months on the same state? 

 

Thanks!

[Loren Y 2,755]

Punch the dates into the calculator here, and see if she shows up eligible.

 

https://www.***removed***/us-citizenship-eligibility-calculator/

[zaback21 29]

23 minutes ago, Loren Y said:

Punch the dates into the calculator here, and see if she shows up eligible.

 

https://www.***removed***/us-citizenship-eligibility-calculator/

She is eligible, but does staying 11 months in a calendar year affects her naturalization as the lawyer advised even though it was never more than 6 months at once?

[aaron2020 11,651]

Hi,

 

Your sister needs 5 years of continuous residence, not 30 months.  

Being outside the US for more than 6 months but less than one year triggers a presumption of a break in continuous residence.  

Taking up permanent residency in Canada would be deemed an abandonment of her US permanent residency.  

Your sister's plan will mean no US citizenship and possibly losing her US permanent residency.  

 

She needs to not be outside the US more than 6 months.  She should not become a Canadian PR.  

She will have to make choices.  

[SusieQQQ 11,586]

7 minutes ago, aaron2020 said:

Hi,

 

Your sister needs 5 years of continuous residence, not 30 months.  

Being outside the US for more than 6 months but less than one year triggers a presumption of a break in continuous residence.  

Taking up permanent residency in Canada would be deemed an abandonment of her US permanent residency.  

Your sister's plan will mean no US citizenship and possibly losing her US permanent residency.  

 

She needs to not be outside the US more than 6 months.  She should not become a Canadian PR.  

She will have to make choices.  

^^^ this.
 

Moving to and taking up PR in Canada will certainly be seen as abandoning her US residency. She will need to choose which one she wants more. 

 

 

 

[zaback21 29]

46 minutes ago, aaron2020 said:

Hi,

 

Your sister needs 5 years of continuous residence, not 30 months.  

Being outside the US for more than 6 months but less than one year triggers a presumption of a break in continuous residence.  

Taking up permanent residency in Canada would be deemed an abandonment of her US permanent residency.  

Your sister's plan will mean no US citizenship and possibly losing her US permanent residency.  

 

She needs to not be outside the US more than 6 months.  She should not become a Canadian PR.  

She will have to make choices.  

Thanks. She will have 5 years of continuous residence and she will never be outside of USA for more than 6 months at a time. Even though 5 months outside,  1 month in, then 5 out, then 1 in, in the next one year. 

 

But I guess the last part of she taking up Canadian PR seems like the deal breaker. 

Edited November 14, 2020 by zaback21

[zaback21 29]

36 minutes ago, SusieQQQ said:

^^^ this.
 

Moving to and taking up PR in Canada will certainly be seen as abandoning her US residency. She will need to choose which one she wants more. 

 

 

 

Thanks. Just the final query. She living 5 months outside,  then back to USA for a month,  then 5 months outside and finally back in to start her last 6 month of residence during which she applies for naturalization should be fine I presume? Do you have any advice on this? 

[Unlockable 7,314]

3 hours ago, zaback21 said:

Thanks. She will have 5 years of continuous residence and she will never be outside of USA for more than 6 months at a time. Even though 5 months outside,  1 month in, then 5 out, then 1 in, in the next one year. 

 

But I guess the last part of she taking up Canadian PR seems like the deal breaker. 

The 5 months in and 1 month out would even be a problem. The officer will consider this also.

 

Your sister's plan will simply not work. She has to make a decision... she can become a Canadian PR, or wait in the US until her naturalization finishes and then join her partner later.

 

Immigration requires big decisions and even bigger sacrifices.

[SusieQQQ 11,586]

8 hours ago, zaback21 said:

Thanks. She will have 5 years of continuous residence and she will never be outside of USA for more than 6 months at a time. Even though 5 months outside,  1 month in, then 5 out, then 1 in, in the next one year. 

 

But I guess the last part of she taking up Canadian PR seems like the deal breaker. 

Playing around with timing to try meet the letter of the law doesn’t work either. From the manual:

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

An officer may also review whether an applicant with multiple absences of less than 6 months each will be able to satisfy the continuous residence requirement. In some of these cases, an applicant may not be able to establish that his or her principal actual dwelling place is in the United States or establish residence within the United States for the statutorily required period of time.

An LPR’s lengthy or frequent absences from the U.S. can also result in a denial of naturalization due to abandonment of permanent residence.

 

8 hours ago, zaback21 said:

Thanks. Just the final query. She living 5 months outside,  then back to USA for a month,  then 5 months outside and finally back in to start her last 6 month of residence during which she applies for naturalization should be fine I presume? Do you have any advice on this? 

No, it’s not “fine”. See above extract from manual.
 

She also can’t lie about what her actual physical address is. 

 

 

Edited November 14, 2020 by SusieQQQ

[Boiler 45,486]

So she is moving to Canada, begs the question why this is even an issue, most people would for example want to avoid the tax issues of being a USC.

Edited November 14, 2020 by Boiler

[zaback21 29]

1 hour ago, Boiler said:

So she is moving to Canada, begs the question why this is even an issue, most people would for example want to avoid the tax issues of being a USC.

She is not necessarily moving to Canada but it makes her life easier to stay in Canada for longer period of time with her husband in Canada as you can't stay 12 months in a year on tourist visa. 

 

In any case, neither she or her husband has decided the best place to stay yet. They may live on Canada or her husband may move to USA. So, in a way both of them are trying to apply on the other side asap so in a year or two they can decide the best place to reside in. 

 

Plus people's plan changes so, they are trying to keep both options open. The question is what would be the quickest way to do it. 

[Boiler 45,486]

Then she should reside in the US until she meets the requirement to naturalise, naturalise and once she has her US Passport she is good to go.

[zaback21 29]

1 hour ago, Boiler said:

Then she should reside in the US until she meets the requirement to naturalise, naturalise and once she has her US Passport she is good to go.

Thanks. It seems that's the only option now. 

[SteveInBostonI130 3,434]

16 hours ago, zaback21 said:

Thanks. She will have 5 years of continuous residence and she will never be outside of USA for more than 6 months at a time. Even though 5 months outside,  1 month in, then 5 out, then 1 in, in the next one year. 

 

But I guess the last part of she taking up Canadian PR seems like the deal breaker. 

 

Take a look through the eyes of the USCIS officer that will review her case.  Married to a Canadian national, spending 5 months in CA, 1 month in USA, then 5 months in CA....  It looks like your sister is actually residing in CA and just visiting USA.  Why would the officer approve her US naturalization application?

 

 

[zaback21 29]

6 hours ago, SteveInBostonI130 said:

 

Take a look through the eyes of the USCIS officer that will review her case.  Married to a Canadian national, spending 5 months in CA, 1 month in USA, then 5 months in CA....  It looks like your sister is actually residing in CA and just visiting USA.  Why would the officer approve her US naturalization application?

 

 

Because she spent 4.2 years out of 5 in USA where she has her own job, house, car and other requirements. I don't see how 4.2/5 is bad when USCIS only want 2.5/5 to be eligible. Several family members are on the verge of getting their passport and USCIS wouldn't have made it 2.5/5 years requirement if one have to spend 5/5 to be eligible to be honest. 

 

And yes, my uncles spent 10 months out in a 12 months period with entering USA every 5.5 months. I guess I will find the answers soon as they will be eligible for naturalization this December. 

 

Thanks for your input.