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  • maximum days outside USA

    I am a Green Card holder. I was wondering what is the maximum number of days I can stay outside the USA after I get my green card to obtain citizenship after five years.

    Thanks

  • #2
    Originally posted by oldtown77 View Post
    I am a Green Card holder. I was wondering what is the maximum number of days I can stay outside the USA after I get my green card to obtain citizenship after five years.

    Thanks
    I could be wrong but I heard that you need to stay in US 6 months + 1 day to get the full year counted towards citizenship. So maximum you can stay outside US 6 months - 1 day.
    Asylum granted: 05/2004
    I-485 ND:05/2005
    Case transferred to TSC: 01/17/2006
    RFI received: 02/03/2006
    BIO 3 received: 02/13/2006
    BIO 3 done: 02/24/2006
    RFI received by TSC: 03/06/2006
    LUD: 02/25; 03/07; 03/28; 03/30; 04/01; 04/24; 05/24; 10/27; 10/28; 10/30; 10/31; 11/1
    I-485 approved: 10/27/2006
    GC received: 11/06/2006
    Residence since 10/27/2005
    N-400 sent: 07/29/2010
    N-400 PD: 08/04/2010
    FP notice received : 08/21/2010
    FP done: 08/26/2010
    Case went to DO: 09/17/2010

    Comment


    • #3
      Originally posted by Minsk View Post
      I could be wrong but I heard that you need to stay in US 6 months + 1 day to get the full year counted towards citizenship. So maximum you can stay outside US 6 months - 1 day.
      I've never heard this 6 month 1 day rule. Where can I find it?
      *** El Cafe ***

      N400 - NYC (Brooklyn)
      March 12 2010: Sent
      April 7 2010: FP done- walk-in
      August 3 2010: ID decision not made
      December 12 2010: Lawsuit filed under 8 USC 1447(b)
      March 31 2011: 31 Oath date
      April 1 2011: Passport applied, picked up!

      Comment


      • #4
        It is part of the Immigration Act.
        US Citizen Since December 2007-
        Nothing I say on this board is intended to provide legal advice. Any and all comments made by me are general in nature. Nothing I say on this board may be construed to suggest the existence of an attorney-client relationship. I do not in any way seek to solicit clients here.
        Everyone is strongly urged to retain legal counsel. Reliance on comments posted herein is at your own risk.

        Comment


        • #5
          I wish someone can give a samples/scenarios. For instance , right after you have your GC out of the 5 years before applying for citizenship, you are allowed to travel out of the country less than 6 months each year?

          Comment


          • #6
            Thankful, could you please give us more information of this specific law? I can't seem to find it.
            *** El Cafe ***

            N400 - NYC (Brooklyn)
            March 12 2010: Sent
            April 7 2010: FP done- walk-in
            August 3 2010: ID decision not made
            December 12 2010: Lawsuit filed under 8 USC 1447(b)
            March 31 2011: 31 Oath date
            April 1 2011: Passport applied, picked up!

            Comment


            • #7
              There are basically three requirements each of which must be met.

              * First, you have to count the number of days in the five years before you file your N-400. Add up the number of days. You must have lived in the United States for at least half of the total number of days.

              * Second, no single trip abroad during the five year period can be greater than one year. Having a reentry permit does not solve this problem. If you are outside the U.S. for more than one year then once you come back you start from square one (you can try to get an exception by filing a N-470 petition with the USCIS)

              * lastly a trip greater than 6 months will be deemed to break the residence period unless you can present evidence to rebut it.
              US Citizen Since December 2007-
              Nothing I say on this board is intended to provide legal advice. Any and all comments made by me are general in nature. Nothing I say on this board may be construed to suggest the existence of an attorney-client relationship. I do not in any way seek to solicit clients here.
              Everyone is strongly urged to retain legal counsel. Reliance on comments posted herein is at your own risk.

              Comment


              • #8
                Oh, I thought it was some other rule. Nevermid Thanks, though...
                *** El Cafe ***

                N400 - NYC (Brooklyn)
                March 12 2010: Sent
                April 7 2010: FP done- walk-in
                August 3 2010: ID decision not made
                December 12 2010: Lawsuit filed under 8 USC 1447(b)
                March 31 2011: 31 Oath date
                April 1 2011: Passport applied, picked up!

                Comment

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