Out of the country for less than 6 months, counting from?

[EugeneInSF 3]

My wife has a green card, and she had her finger prints taken for extension of status. We were out of the country for 3 months this calendar year. I know that the restriction is no more than 6 months out of the country, but is it during the Calendar year or counting from the 1 entry on immigrant visa into the country? Which would be May for us, so this can actually change the # of months out of the country. Does anybody know for sure, and have a link to official government guidance on how 6 months are calulated for the year? 

 

Thank you!

[SteveInBostonI130 3,434]

The criteria is to be away from the US for no more than 6 months on a single trip.  Longer trips will cause CBP to look into your case.  Frequent long duration trips outside the US and short stays in the US in-between may also cause CBP to question you.

 

There is a separate criteria for substantial presence in the US if your wife wants to apply for citizenship. 

[Chancy 6,241]

*** Moved from IR1/CR1 Process & Procedures to Working & Traveling During US Immigration -- OP's wife already has GC, asking about travel out of the US ***

 

[Lil bear 4,201]

27 minutes ago, EugeneInSF said:

My wife has a green card, and she had her finger prints taken for extension of status. We were out of the country for 3 months this calendar year. I know that the restriction is no more than 6 months out of the country, but is it during the Calendar year or counting from the 1 entry on immigrant visa into the country? Which would be May for us, so this can actually change the # of months out of the country. Does anybody know for sure, and have a link to official government guidance on how 6 months are calulated for the year? 

 

Thank you!

It is measured from the first full day out of the US through the last full day out of the country. Day of departure and day of return are considered as in US   Count days not months .. 180 or less will not be considered as a  break in continuity of residency  

 

Edited September 8, 2022 by Lil bear

[EugeneInSF 3]

Thank you for the responses! We were on several trips going back-n-forth, for a total of 3 months out of the country, but each trip ranging from 4-6 weeks. So as long as the trips are less than 6 months we should be ok then? The language of the rule is a bit confusing, it made me believe they are referring to away 6 month within 1 year, but thank you all for clarifying! 

[EugeneInSF 3]

2 hours ago, SteveInBostonI130 said:

.

There is a separate criteria for substantial presence in the US if your wife wants to apply for citizenship. 

What is the criteria, we just don't want to be cocnsidered not being in the country for sufficient amount of time due to bunch of shorter 1 month trips during the year.