Need help. Questions on eligibility

[Ayrton 965]

On 11/15/2020 at 1:37 AM, zaback21 said:

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. 

There are 2 different requirements, physical presence and continuous residency, and meeting one doesn't automatically satisfy the other one. Even though the rule says you can stay out of the country for less than 6 months and still be eligible for citizenship, it also says that multiple trips will trigger the officer to look deeper into their case. At the end of the day it's always up to the IO to say yes or no...

Edited November 16, 2020 by Ayrton

[SusieQQQ 11,586]

1 hour ago, Ayrton said:

There are 2 different requirements, physical presence and continuous residency, and meeting one doesn't automatically satisfy the other one. Even though the rule says you can stay out of the country for less than 6 months and still be eligible for citizenship, it also says that multiple trips will trigger the officer to look deeper into their case. At the end of the day it's always up to the IO to say yes or no...

I think there is also a significant difference doing the longer absences at the beginning of the residence period, when they understand that people can take time to settle affairs in old country before they can properly move, etc (I did this, still got sharply questioned on those 5 month absences) and near the end when, hey, you have already moved to another country to take up residence there, which is specifically listed by USCIS as a factor that means you abandoned permanent residence in the US!! (“Easier to stay longer than a visit visa” doesn’t really cut it as an argument when you are talking about actually getting Canadian PR, of course.. but hey, we always get people who ask questions then don’t like the answer 🤷‍♀️ )

 

 

 

Edited November 16, 2020 by SusieQQQ

[zaback21 29]

10 hours ago, SusieQQQ said:

I think there is also a significant difference doing the longer absences at the beginning of the residence period, when they understand that people can take time to settle affairs in old country before they can properly move, etc (I did this, still got sharply questioned on those 5 month absences) and near the end when, hey, you have already moved to another country to take up residence there, which is specifically listed by USCIS as a factor that means you abandoned permanent residence in the US!! (“Easier to stay longer than a visit visa” doesn’t really cut it as an argument when you are talking about actually getting Canadian PR, of course.. but hey, we always get people who ask questions then don’t like the answer 🤷‍♀️ )

 

 

 

She is not pursuing her Canadian PR till she receives her naturalization. That issue is settled for now. 

 

And I welcome all advise from members of all experiences. There is nothing to not like about answers or anything. I made my counter point so in return I get advise on why is that so. If anything thanks for your time while responding to my query.