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Total number of days outside the country

Discussion in 'US Citizenship' started by pattajeeta, Jan 19, 2009.

  1. pattajeeta

    pattajeeta New Member

    Guru's need your advice.

    I understand that one can apply for Citizenship after 4.9 months after getting GC, assuming that one has maintained the GC and is in the US for more than six months in a calendar year.

    I am being told by some friends that the total number of days that one can be out of the country after getting GC in the 5 years is a total of 180 days. Is this correct? I expect to be out of the country for about 340 days when I apply with no single trip being more than 40 days and total number of days being out of the country in a year being less than 100 days.

    Can someone please comment?

    Thanks,
     
  2. ginnu

    ginnu Registered Users (C)

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  3. McTavish

    McTavish Registered Users (C)

    You need to be physically present in the US for at least 30 months during your 5 year period
     
  4. Bobsmyth

    Bobsmyth Volunteer Moderator

    Your friends meant that no single trip should last more than a total of 180 days.
    In your case, a total of 340 days outside US with no trip lasting more than 40 days isn't an issue.
     
  5. Feliz-LA

    Feliz-LA Registered Users (C)

    i was denied 4 month ago because I was 20 days short of exactly 50% - in the 5-year-case it is (5x365 =1825, 1825/2 =) 912.5, to be safe - minimum 913 total full days in US. (use timeanddate.com calculator to calculate exact length of every trip)

    if rest of time outside US was trips less then 6 month and they were not "back-to-back" then they will not question.

    if there were trips longer then 6 month but less then 12 - then applicant needs an evidence that he kept his US residence - like taxes, real estate, rentals, car loan, job etc.
     
  6. musashi

    musashi Registered Users (C)

    Hi Feliz-LA

    same case here, I got denied on my first N400 application last 2006 due to my lack of 23 days physically present in the US.
    This is my second application now hopefully it will be approve
    Application Date - 01/12/2009
    FP received - 01/30/2009
    FP date - 02/10/2009
    IL - waiting
    ID - waiting
    OL - waiting
    OD - waiting

    I am so dependent on the uscis website, and I found out there that the processing time for N400 applicants in LA will take about 1 year from now, it says there that they are now processing case dated February 2008.
    Can anyone help me how to interpret their processing time? Are they referring to the date they received the application or the date they scheduled the interview?

    Im a little bit worried that my application might take years to process :(
    Feliz-LA, where did you get the estimated actual timelines? Thanks in advance for your assistance.

    I've read a lot of cases here that their application was sent somewhere in August-October 2008 but they have been scheduled for an interview and some are scheduled for an oath taking already. These experiences are so inspiring. We hope to have the same timeline as yours. :)
     
  7. harvydonald

    harvydonald Registered Users (C)

    OP
    You have no issue.

    You have to have minimum presence completed on the day you apply, not projected completion at the end of 5 years from your GC.
     
  8. musashi

    musashi Registered Users (C)

    Hi Pattajeeta,

    You should not worry if:

    - if you are outside the US for less than 912 days (for 5 years)
    - if your trip did not last 180 days (in a year)
    - you are physically present in the US for more than 913 days (fo the last 5 years)

    *be careful in counting the no. of days, You should count it, the exact time you sent your application, for example you filed January 01, 2009, count your absences starting January 01, 2004.

    I got denied on my first application due to lacked of 23 days being physically present in the US. (we did wrong calculations).

    ...very frustrating, I should have waited for 1 month more.


     
  9. truedesi

    truedesi Registered Users (C)

    All these denials are making me worried.

    I got my GC 06/17/2004

    I have had following outside visits:
    jan 05 - feb 05 -- 42 days
    nov 07 - apr 08 -- 174 days
    sep 08 - oct 08 -- 10 days
    jan 09 - feb 09 -- 24 days

    planning to apply 03/19/09

    Should I be worried?
     
  10. gcmaniac

    gcmaniac Member

    you may be deined
     
  11. musashi

    musashi Registered Users (C)

    your GC is based on what? if its based on 5 years residency, i think you will be denied, (try applying on June 18, 2009) if its based on marriage to a US citizen. you have a chance to get approve.

     
  12. truedesi

    truedesi Registered Users (C)

    It is based on 5 yrs rule. so I can apply 3 months before completing 5 yrs. why do you think I should apply June 18th?
     
  13. musashi

    musashi Registered Users (C)

    You're right man! my apology, I'd overlooked the "3months before 5 years residency rule".
    In your case, since you have no absence of more than 180 days in evey trip, I dont see any problem. I think you will be approve then. :)
    Goodluck!
     
    Last edited by a moderator: Feb 26, 2009
  14. truedesi

    truedesi Registered Users (C)

    just hope my IO will be as nice as you.. lol
     
  15. truedesi

    truedesi Registered Users (C)

    Is that because of that 174 day trip right? but I do not have any back to back long trips. just one
     
  16. Jackolantern

    Jackolantern Registered Users (C)

    You have no back-to-back series of trips and that one long trip was under 180 days, so you should be OK if you apply when you plan to (3/19/09).
     
  17. Bobsmyth

    Bobsmyth Volunteer Moderator

    I don't see why you would be denied for a single trip over 174 days during the statutory period unless you admit that you were working as a prostitute or pimp in your home country.:D
     
  18. truedesi

    truedesi Registered Users (C)

    Great point. I will restrain myself from disclosing it .:D
     

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