Should I Apply/Use Re-entry Permit If Travel for Less Than 1 yr

[uspr7]

I am struggling whether I should apply for the re-entry permit if I plan to travel outside US for more than 6 months but less than 1 year. I know it states that I am not required to apply for re-entry permit if I travel outside US for less than a year in the I-131 instruction. However, I also learned that my US permanent residence may be considered as abandoned for travel shorter than 1 year ( Again I plan to travel outside US for more than 6 months but less than 1 year).

Also, if I do apply for the re-entry permit and is approved for the application, do I need to use the re-entry permit when I come back to US in less than 1 year or I can use it for next trip?

Also, for naturalization purposes, if I travel outside US for more than 6 months but less than a year, will I be considered breaking the continuity of required continuous residence in the US. I already have 24 moths continuous residence in US. There are only 6 more months of required residence before I am eligible for naturalization.

Please provide your professional guidance. Thanks in advance for your help!

[Jackolantern]

Originally Posted by uspr7

I am struggling whether I should apply for the re-entry permit if I plan to travel outside US for more than 6 months but less than 1 year. I know it states that I am not required to apply for re-entry permit if I travel outside US for less than a year in the I-131 instruction.

You don't need a reentry permit for a trip of less than a year, but if the trip is going to approach one year it would be advisable to apply for one just in case something happens that stretches it beyond a year.

However, I also learned that my US permanent residence may be considered as abandoned for travel shorter than 1 year ( Again I plan to travel outside US for more than 6 months but less than 1 year).

They can look at the entire set of circumstances and determine that your residence was abandoned even though you've been away for less than a year. The 1 year rule just makes it automatic unless certain exceptions apply.

Also, if I do apply for the re-entry permit and is approved for the application, do I need to use the re-entry permit when I come back to US in less than 1 year or I can use it for next trip?

You can use it multiple times, until it expires.

Also, for naturalization purposes, if I travel outside US for more than 6 months but less than a year, will I be considered breaking the continuity of required continuous residence in the US.

More than 6 months creates the presumption of breaking continuous residence. That puts the burden of proof on you to convince the officer otherwise.

I already have 24 moths continuous residence in US. There are only 6 more months of required residence before I am eligible for naturalization.

You are confusing physical presence and continuous residence. You need 30 months of physical presence, but 60 months of continuous residence. Physical presence is a count of the days you have physically been in the US (including US territories like Puerto Rico), but continuous residence is a subjective determination of whether whether your financial/personal/professional ties and travel patterns indicate that you are a genuine resident of the US.

[uspr7]

Thanks for the reply! What I meant to say is that I have physically resided in US for 24 moths. There is still 6 more months left to complete the 30 months naturalization continous residence requirement. Now, if I travel outside US for more than 6 months within the 5 years continous residence, I will need to present additional evidence to prove that I still live, work and/or keep ties to US. Below is the exact copy from the naturalization checklist:

If you have taken any trip outside the United States that lasted six months or more since becoming a Permanent Resident, send evidence that you (and your family) continued to live, work and/or keep ties to the United States, such as:

1. An IRS tax return “transcript” or an IRS-certified tax return listing tax information for the last five years (or for the last three years if you are applying on the basis of marriage to a U.S. citizen).

2. Rent or mortgage payments and pay stubs.

Do I need to provide both items or just one of them because I will not be able to provide the second item (Rent or mortgage payments and pay stubs)

Thanks in advance for your help!

[Jackolantern]

Originally Posted by uspr7

Thanks for the reply! What I meant to say is that I have physically resided in US for 24 moths. There is still 6 more months left to complete the 30 months naturalization continous residence requirement.

You are still confusing physical presence and continuous residence. They are two different, but related things. The requirement is 30 months of physical presence, within 5 years of continuous residence.

[uspr7]

Of course I know the difference. Please read my post carefully. Answer if anyone can provide a good guidance. Thanks in advance!

[nelsona]

Yeah, jacko, please read his posts more carefully.... then you would know that (a) uspr7 uses expressions willy-nilly and that you are supposed to correctly interpret what he is thinking and (b) he seems to enjoy biting the hand that feeds him, which surely will bring out the best responses on this board.

How unthinking of you, jacko!

[Jackolantern]

Originally Posted by uspr7

1. An IRS tax return “transcript” or an IRS-certified tax return listing tax information for the last five years (or for the last three years if you are applying on the basis of marriage to a U.S. citizen).

2. Rent or mortgage payments and pay stubs.

Do I need to provide both items or just one of them because I will not be able to provide the second item (Rent or mortgage payments and pay stubs)

Provide both, plus more documents like ownership of a car that is registered in the US, bank statements with your US address, evidence that your spouse (if you are married) remained in the US while you were gone, etc. Because continuous residence is a subjective decision, the more evidence you provide, the greater your chances of convincing the interviewer. However, don't immediately dump them with too much information ... provide the first 2 mentioned above, observe the response and decide if it seems that they want to see more.

And you are still confusing physical presence and continuous residence. The way you use those terms interchangeably, you're confusing the rest of us who read your message!