180 days rule of Green card, is it consecutive or cumulative?

[Luce03 0]

Hi, I would appreciate your guidance on the following:

 

I am currently applying for Form I-751 and have already received the extension letter. I have been away from the US on the following dates since obtaining my conditional green card:

 

From 3/28/2022 to 5/25/2022, 59 consecutive days.

From 11/30/2022 to 4/24/2023, 146 consecutive days.

From 12/12/2023 to 3/24/2024, 104 consecutive days.

From 6/4/2024 to 9/6/2024, 95 consecutive days.

 

If we consider only the consecutive days, I do not have any issues with the 180-day rule. However, if we consider the total number of days, it could raise a red flag for maintaining my LPR status. Which is correct?

 

Additionally, if the total number of days matters, does crossing into a new year reset the counting of the days?

 

I want to shorten the future trip if there are any issues... Thanks in advance.

[OldUser 6,709]

There are two criteria for Naturalization:

 

- Continuous residence

- Physical presence

 

Continuous residence means you should have not had any trips where a single trip spans over 180 days. Based on info you provided, you did not break continuous residence.

 

Physical presence means you should have spent enough time in the US since becoming a resident. 

 

For a 3 year rule you need at least 18 months collectively of staying in the US as a resident in the past 3 years when you file it.

 

For 5 year rule you need at least 30 months collectively of staying in the US as a resident in the last 5 years when you file it.

 

 

Edited May 15 by OldUser

[OldUser 6,709]

When did you become a resident? The dates don't add up. If you're filing now at 1 year 9 months mark, you should have become a resident in August 2022. Are you filing late?

[Luce03 0]

@OldUser Thanks for your reply. I became residence since Dec 2021. I applied for I-751 on Oct 2023 before expiring on Dec 2023. I'm still waiting since the current processing time is 26 months. 

Actually, I don't intend to apply to citizenship in the future. I'm just worried if these trips jeopardize I-751 application and my LPR status.

[OldUser 6,709]

29 minutes ago, Luce03 said:

@OldUser Thanks for your reply. I became residence since Dec 2021. I applied for I-751 on Oct 2023 before expiring on Dec 2023. I'm still waiting since the current processing time is 26 months. 

Actually, I don't intend to apply to citizenship in the future. I'm just worried if these trips jeopardize I-751 application and my LPR status.

Thank you for clarifying. Keep the ties to the US (job, lease, assets, taxes), spend much more time in the US then outside and you'll be OK.

 

 

Edited May 15 by OldUser