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Continuous Residence : trips less than 6 months.

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  • Continuous Residence : trips less than 6 months.

    According to The Guide to Naturalization by USCIS , the 5-year continuous residence is defined as :

    "5 years as a Permanent Resident without leaving the US for trips of 6 months or longer"

    the guide also states that :

    "Continuous Residence may be broken if you take a single trip out of the country that lasts 6 months or more"

    My question is : Is it the combined time outside of the country can't be more than 6 months within a year?

    If so, does it count from Jan 1st of every year?

    I've stayed outside of US from 1/15/2010 to 5/3/2010 (108 days), does that mean i have 72 days left for 2010 if I wish to travel outside of the US again this year?


    i was reminded at the port of entry that if i stay more than 6 months i could lose my GC.
    please post your source if you know the answers, thanks for reading.

  • #2
    They mean 6 consecutive months, whatever year(s) they occur.

    However, it is more complicated than that. If you take multiple trips close together which are 4 or 5 months each, you can still be denied for breaking continuous residence, even though each individual trip is under 6 months. They look at the whole picture, not just whether each trip is 6 months.

    EB3 ROW I-485 Approved: July 2007
    USC: July 2013
    I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.

    Comment


    • #3
      is there a concrete set of rules regarding this "6 months"? i need to know how much time i can spend for my next trip......

      being a GC holder, I can't go out spend my time freely outside of the state........what a PITA!
      Last edited by doof; 16th May 2010, 10:33 PM.

      Comment


      • #4
        It is more looking at a pattern than a concrete set of rules. Your first post said "you were reminded at the port of entry that if i stay more than 6 months i could lose my GC". This likely implies they also noted this against your file in the computers and the next time you come into the country, they will check this aspect again.

        I am sure you can go for another 3-4 months trip easily this year ... after a couple of months break in US. Go after a week or 2, and you risk breaking continuous residence.
        GC: EB1: 1999 ==> 2004. 3 yr delay due to lost file. N400: San Jose. Apr'09 ==> Aug'09.
        I am not a lawyer, forum police, moderator, moralizer or an immigration officer. If I sound like one, use "your" best judgement.

        Comment


        • #5
          Originally posted by doof View Post
          is there a concrete set of rules regarding this "6 months"? i need to know how much time i can spend for my next trip......
          No, there is no concrete rule for it. The 6 month rule only means they can deny you for that reason alone if you have one trip of over 6 months. But if all your trips are under 6 months each, they can still deny you based on the overall pattern of travel and your ties to the US or lack thereof.

          EB3 ROW I-485 Approved: July 2007
          USC: July 2013
          I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.

          Comment


          • #6
            Originally posted by Jackolantern View Post
            But if all your trips are under 6 months each, they can still deny you based on the overall pattern of travel and your ties to the US or lack thereof.
            That's what people are saying, but has anybody actually heard about a case when this happened?

            Comment


            • #7
              This continuous or physical residency, according to me is certain when you have stayed in usa for most of the time. When you have travelled a lot, it depends on the officer, if he is nice, he can still let you pass, so if have at least 900 day in usa during a 5 year period then go for it.

              Comment


              • #8
                Originally posted by sotiredofwaiting View Post
                That's what people are saying, but has anybody actually heard about a case when this happened?
                Yes.

                EB3 ROW I-485 Approved: July 2007
                USC: July 2013
                I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.

                Comment


                • #9
                  If someone must travel abroad frequently for work and has substantial ties to the US - job, residence, everything - Can a Green Card be taken away at POE if, during the past few years there is a pattern of many days (say, 9 mos+) outside the U.S., even if each trip is only a few months or less?

                  Comment


                  • #10
                    Originally posted by immi2586 View Post
                    If someone must travel abroad frequently for work and has substantial ties to the US - job, residence, everything - Can a Green Card be taken away at POE if, during the past few years there is a pattern of many days (say, 9 mos+) outside the U.S., even if each trip is only a few months or less?
                    Yes. But if that happens you'll get a chance to plead your case in front of an immigration judge to keep your GC, presenting all the evidence you can and you can bring a lawyer if you want. They can't revoke your permanent resident status at the POE; they can physically take the GC and then it's up the judge to revoke it or give it back to you. And usually before that happens, you'll get at least one warning at the POE.

                    EB3 ROW I-485 Approved: July 2007
                    USC: July 2013
                    I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.

                    Comment

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