I was out of usa for more then six months and less then a year !!

[shamimMirza 0]

Hello… hope everyone is fine this is my forst post please help me get some info..

im a green card holder my husband is US citizen and also 2 kids were born here iv been living in usa from 2015 and got my GC (10 years) in 2017. I went pakistan last year june 2023 and for some reasons i stayed there for more then 6 months and came back in may 2024. My question is can i still apply for citizenship or iv to wait for another 3 years again? 

 

Thank u 

[OldUser 7,035]

You broke continuous residency by staying outside the US for over 6 months.

 

You'll have to wait for 3 years again. You can file 90 days early.

[shamimMirza 0]

Thank u for replying also please guide me what does ARC stamp with a number means on my passport i got it when i entered usa after 11 months. 

[Scandi 4,173]

You can file the N-400 now - but you will most likely have to prove that you didn't leave the US to live elsewhere, that you only travelled temporarily even if it turned out to be longer than 6 months. You can google what evidence USCIS wants to see - some include evidence that your immediate family (spouse, kids) remained in the US when you were gone, that you didn't end your rental agreement/lease or sold your house, that you still filed your taxes, that you renewed your drivers license/ID if it expired, that you didn't quit your job, didn't sell your car, kept all your insurances (health, car, home etc).

[shamimMirza 0]

2 hours ago, Scandi said:

You can file the N-400 now - but you will most likely have to prove that you didn't leave the US to live elsewhere, that you only travelled temporarily even if it turned out to be longer than 6 months. You can google what evidence USCIS wants to see - some include evidence that your immediate family (spouse, kids) remained in the US when you were gone, that you didn't end your rental agreement/lease or sold your house, that you still filed your taxes, that you renewed your drivers license/ID if it expired, that you didn't quit your job, didn't sell your car, kept all your insurances (health, car, home etc).

Thank u this gives me hopes. Thats true my husband was here throughout this period also we have a house car my husband works 6 days a week. What kind of other document i need to provide them for my over stay? This was the first time i overstayed iv always kept my trips short. 

10 minutes ago, Conchas Chinas said:

ARC means “Alien Resident Card” or “ Alien Resident Card”. You were admitted back into the US with your green card. 

Is it bad? Can i still go back pakistan for a short trip to wind up everything. Thank u for replying 

[OldUser 7,035]

6 hours ago, shamimMirza said:

Thank u this gives me hopes. Thats true my husband was here throughout this period also we have a house car my husband works 6 days a week. What kind of other document i need to provide them for my over stay? This was the first time i overstayed iv always kept my trips short. 

Is it bad? Can i still go back pakistan for a short trip to wind up everything. Thank u for replying 

So then application will be denied due to break of marital union with spouses staying in different countries for 11 months. If you want to try, you can. But there's big chance N-400 on 3 year rule will be denied.

[shamimMirza 0]

38 minutes ago, OldUser said:

So then application will be denied due to break of marital union with spouses staying in different countries for 11 months. If you want to try, you can. But there's big chance N-400 on 3 year rule will be denied.

Thank u for replying. My husband was visiting us every 2,3 months that wont matter ? 

[OldUser 7,035]

2 hours ago, shamimMirza said:

Thank u for replying. My husband was visiting us every 2,3 months that wont matter ? 

You can try, but USCIS officer may not be satisfied. You only lose a bit of time and filing fee if your N-400 gets denied. You can apply again when all conditions are met.

[shamimMirza 0]

One more question is it ok to travel out of usa again after getting ARC stamp on my passport?? I need to go back pk one last time to sale my property. Is there any time limit to not travel or anything else

 

please reply asap 

million times thanks

[OldUser 7,035]

30 minutes ago, shamimMirza said:

One more question is it ok to travel out of usa again after getting ARC stamp on my passport?? I need to go back pk one last time to sale my property. Is there any time limit to not travel or anything else

 

please reply asap 

million times thanks

Ideally you should not travel for some time, say for another 6 months, and then only leave for a few weeks or a month. In general you should spend more time inside the US than outside. If you travel in June for 3-6 months again, that could get you in a trouble. The rules you should care about is continuous residence (no trips over 6 months), physical presence (more days in the US than outside). Every time you spend over 12+ months outside the US or have too many trips / long trips, your residency maybe questioned by CBP.

Edited June 1 by OldUser

[shamimMirza 0]

I only want to go for a month and come back i cant stay 6 months my trip will be very short

[shamimMirza 0]

58 minutes ago, OldUser said:

Ideally you should not travel for some time, say for another 6 months, and then only leave for a few weeks or a month. In general you should spend more time inside the US than outside. If you travel in June for 3-6 months again, that could get you in a trouble. The rules you should care about is continuous residence (no trips over 6 months), physical presence (more days in the US than outside). Every time you spend over 12+ months outside the US or have too many trips / long trips, your residency maybe questioned by CBP.

I came back usa 2 weeks back and now i hv to travel again for short period 2,3 weeks only. Way back i will have my Citizen husband and Citizen kids with me.

[harry.st 62]

1 hour ago, shamimMirza said:

One more question is it ok to travel out of usa again after getting ARC stamp on my passport??

The ARC stamp means NOTHING. I used to get those every time I flew back to the US - no matter how long the trip was (as a green card holder).

 

Over the years I must have had  more than a hundred of them - maybe closer to 2 hundred.

Edited June 1 by harry.st

[harry.st 62]

40 minutes ago, shamimMirza said:

I came back usa 2 weeks back and now i hv to travel again for short period 2,3 weeks only. Way back i will have my Citizen husband and Citizen kids with me.

 

May be ok - may be not.

 

You have to understand how the immigration officer at the airport thinks (in addition to the law that says less than 6 months absence you are presumed to not have abandoned... more than 6 months - ie your case - you are presumed to have abandoned... etc etc).

 

S/he has to make sure you have not abandoned your US residence. If s/he sees you are spending a looong time overseas, then come back for a few days, then again departing...  s/he will say "what the heck is going on here. What kind of permanent residency is that? Looks more like a joke! In any event, I do not have time for you now, there are tons of people waiting in line, go to secondary and sort it out w/ them".

 

Secondary (ie secondary inspection) is another room where they send people, you have to wait (could be hours) and then they ask you some more probing questions. They CANNOT take your green card away - only an immigration judge can do that (but they can ask you to surrender it voluntarily - just say no. In which case they will send you home but also refer you to an immigration judge... this is another process that may take months/years). As you understand, it is not a good idea to be sent to secondary. But... from your travel history, you are sort-of asking for it.

 

Now, you know better than us here how urgent is the trip. What I am telling you is what may happen (it also may depend on the immigration officer, his/her mood that day, what you are going to tell them when asked etc).

 

If you think your case is solid, all the above - even in the worse-case-scenario - will just be an inconvenience (except I am not sure you are allowed to travel before you see the immigration judge. Hopefully you will not end there. But nobody can guarantee you that you won't).

Edited June 1 by harry.st

[harry.st 62]

...probably worth talking to an immigration lawyer, too.

 

You will be able to tell him/her the reasons of your absence, (s)he will (likely) tell you how much weigh those carry with the immigration officers at the aiport, etc etc (basically how solid your case is/how likely you are to run into trouble).

 

Likely worth the consultation fee (don't pick the cheapest one. Also choose one with experience, who only does immigration law).

Edited June 1 by harry.st