Stay over 6 months abroad- continuity of residence resets to Zero?

[ssimmi]

Hello,

I have few questions.

Q1.)If a Permanent Resident with a Green Card for past 24 months leaves US with Re-entry Permit and returns just few days shy of a year, does the continuity of residence reset to zero?

Does the 30 month continuity of residence regulation start all over again?

Q2.) What happens if you already have 30 months of continuous residence and then you leave with Re-entry Permit for over six months but less than a year?

Do you lose the continuity of residence again or since you already have 30 months of continuous residence at one point, you can then apply for citizenship once you've had the GC for 5 years?

Q3.) Let us say you have 30 months of continuous residence but you have been outside the US few times with absences of each duration around a month (let’s say 3 months in total absences), are these absences taken away from the total of 30 months?

So you effectively have only 27 months of continuous residence?

Thanks for any help in advance.

[ssimmi]

You are confusing two things:
For citizenship eligibility, there is a 5-year continuous residency requirement, and a 30-month (1/2 of 5 years) physical presence requirement.
The 5-year continuous residency requirement gets reset if you are abroad for over 6 months (unless you can convince the examiner otherwise.) It always gets reset if you are abroad for over a year (ok, nearly always, an approved N-470 preserves the continuous residency.)

Just to clarify,

1. You have to be a continuous resident for 5 years (absence of more than 6 months resets the residency unless you have a strong reason). Once you complete 5 years with continuity, you can apply for citizenship.

2. You have to be physically present for a minimum of 30 months out of those 5 years (vacations, trips to see family, business trips etc. are all added up and taken out of those 60 months)

Another question, can you apply a few days before the 5 year limit (I've read somewhere-90 days before?) or wait full 5 years? Once you apply, can you leave US on short trips (surely less than 6 months :-) ) or do you have to stay put till you get called for an interview, fingerprinting etc. and you are granted citizenship?

Thanks again.

[ssimmi]

The 5-year continuous residency requirement gets reset if you are abroad for over 6 months (unless you can convince the examiner otherwise.))

If you were abroad for about 11 months with a Permit for Re-entry because you needed to take care of a parent who fell ill and another personal reason, would you think that would be excusable. All other 3 or 4 trips in the last 5 years were short in nature, mostly around a month, for visting parents, attending weddings etc.

[ssimmi]

The worst thing that can happen is that the application gets denied (it's $400, though...)

If you are denied citizenship because the examiner didn't get convinced of your reason for absence of 11 months, do you still get to continue on the Green Card till its validity and be able to renew again or apply for citizenship again after 5 years of continuous residence?

[eltoro]

Doesn't the counter reset to 364 days under some conditions?

[a_usc]

My husband (LPR to be) has a contractual obligation with his current employer in his country that requires him to work for this there (outside of US) for 6 months before he could quit. Fulfilling the contract would mean that the total stay outside the US is going to be around 8+ months... in such a case, is there a way to keep the residency counter from getting reset? Can a short (a couple of weeks) visit to US prevent the reset?

He does not intend to stay overseas and use GC just to gain entry, but the prob is that he can't quit his employer and settle down here until he fulfills the contract so he must do that. However, in doing so, we do not want to lose out on the time he would have already spent as an LPR in US. Can a short visit prevent this?

Thanks, USC

[TheRealCanadian]

He does not intend to stay overseas and use GC just to gain entry, but the prob is that he can't quit his employer and settle down here until he fulfills the contract so he must do that. However, in doing so, we do not want to lose out on the time he would have already spent as an LPR in US. Can a short visit prevent this?

It's a free country. I'd just walk away from the contract. You might want to discuss with a labor attorney first, though.

[KhoonPasina]

Oh GOD, I can't beleive, **** , you still post here? Haven't u got hold on any job yet?? Bad luck, but congr.. for citizenship. And don't feel bad, you got US entry and God permit, you will get job soon.BTW whats ur education? I can help u, to get some job.... post ur credentials if any

[KhoonPasina]

OK , so your education is only in Ebonics class? That sucks?? But can you atleast sweep floors?? I need some "Jobless" immigrants to clean office.. OK. So post your exp, I will see if I can get you started working.. Good luck

[sidd_hyd]

I may be nit-picking here but in one of the posts I read that, after staying abroad for a year (with re-entry permit), a PR can apply for citizenship 4 yrs and 1 day after the return. If the counter gets reset, shouldn't the PR have to wait for 5 yrs before re-apping?

thanks,
-Sidd

[fenrir]

04/14/06: US citizen since 8:50am!

Congratulations, Joe!!

[a_usc]

It's a free country. I'd just walk away from the contract. You might want to discuss with a labor attorney first, though.

Yeah I wish he could just do that . His current employer is an Indian based org and he has signed some kind of contract with them. If he breaks the contract, he would be liable for $42,000 in penalties.

A short return to the US would indeed prevent the reset. No single trip abroad can be over 6 months. However, this could cause problems with the GC. In particular, all stays abroad have to be temporary in nature to maintain the GC. So, a person would not "visit" the US, since that implies that the person lives abroad. A PR needs to "return to an unabandoned residence" in the US.

Joe, Congratulations and thanks for your reply! What kind of prob would he have with his GC, should he make a trip US to keep his visit to India shorter than 6 months? We don't intend to misuse his GC, but the kind of situation he is in (he says) he can't just walk away... and obviously if he honors his contract - his visit to India would at least be 8 months. So, if he makes a (say) week long trip to US after 5 months in India, then goes back to India to complete the remaining of the contract period and finally comes back to US for good - what kind of probs would he have at the PoE? During this entire period - he'd still have his bank accounts opened here and he'd be filing his US taxes too.

Thanks, USC

[a_usc]

Joe,

Thanks again for your reply... I will ask him to get his contract reviewed by some lawyer to see if it actually holds any water... and if we HAVE to go and stay in India for the contract period... then prolly we're gonna have to let go of our plans for him to apply for Citizenship in 3 yrs (his is a family based GC - spouse of a usc). I guess effectively we'd have to wait 4 yrs for him to apply his Citizenship - around one year frm the time of getting the GC to the time getting back from India and then another 3 yrs wait as required.

USC

[TheRealCanadian]

Yeah I wish he could just do that . His current employer is an Indian based org and he has signed some kind of contract with them. If he breaks the contract, he would be liable for $42,000 in penalties.

As **** states, not necessarily. Have the contract reviewed by an attorney; many contracts are pretty much unenforceable, but people rely on the fact that most uninformed people (like you and your husband) assume that they MUST follow an invalid contract.

[gcfromatl]

My wife is in india (5 months), we want to stay for 2 more months which breaks the continuous residency rule of 6 months. Can we enter without any problem on the green card or do we need to apply for any paper work, if we come after 6 months but less than 12 months. what are the options to
1. reenter without any problem? and better way not to get effected at
the time of citizen ship.

any help would be appreciated.
Thanks.