Disruption of the continous residency

[maskos]

Hi.My question is about applying for citizenship as a greencard holder and disruption continous residency. After I got my greencard I didn't settle in the US immediately and it took a year for me to move back in the States, however I travelled to the US as soon as I got my card and stayed for 2 weeks and travelled once again before 180 days.
Until recently I thought travelling back and forth would never effect my citizenship process unless it exceeds 180 days, it is only risky at the borders to get back in to the country. They did question my long stay every now and then but they were satisfied with my response.
After a year I moved to the US and stayed around 9 monthes, excluding a 5 monthes break I lived in the US for 15 monthes. Due to personal reasons I got back to my country and stayed around 2 years, but travelled back to the US in every 180 days and stayed about 2 weeks.
I have finally completed the 30 monthes of staying in the US in about 6 years, and would like to apply for citizenship but will my staying out of the country for around 23 monthes disrupt my continous residency even though I stayed in the US 2 weeks in every 180 days. I can explain my personal reasons in the interview but if it is breaking any rule, there is no point of applying now.
Any comment or share of experience will be much appreciated. I hope it is not so confusing
Thanks!

 

[Jbuff]

Without getting into a long post

Not only does it seem you arent eligble for Citizenship
They might even strip you of your Greencard

 

[SusieQQQ]

Hi.My question is about applying for citizenship as a greencard holder and disruption continous residency. After I got my greencard I didn't settle in the US immediately and it took a year for me to move back in the States, however I travelled to the US as soon as I got my card and stayed for 2 weeks and travelled once again before 180 days.
Until recently I thought travelling back and forth would never effect my citizenship process unless it exceeds 180 days, it is only risky at the borders to get back in to the country. They did question my long stay every now and then but they were satisfied with my response.
After a year I moved to the US and stayed around 9 monthes, excluding a 5 monthes break I lived in the US for 15 monthes. Due to personal reasons I got back to my country and stayed around 2 years, but travelled back to the US in every 180 days and stayed about 2 weeks.
I have finally completed the 30 monthes of staying in the US in about 6 years, and would like to apply for citizenship but will my staying out of the country for around 23 monthes disrupt my continous residency even though I stayed in the US 2 weeks in every 180 days. I can explain my personal reasons in the interview but if it is breaking any rule, there is no point of applying now.
Any comment or share of experience will be much appreciated. I hope it is not so confusing
Thanks!

I can’t figure out your timeline (I can’t see where you get 30 months from) but you need to read the requirements properly. One thing that leaps out at me is this:

The concept of continuous residence involves the applicant maintaining a permanent dwelling place in the United States over the period of time required by the statute. The residence in question “is the same as that alien’s domicile, or principal actual dwelling place, without regard to the alien’s intent, and the duration of an alien’s residence in a particular location measured from the moment the alien first establishes residence in that location.” [3] Accordingly, the applicant’s residence is generally the applicant’s actual physical location regardless of his or her intentions to claim it as his or her residence.

From your description above, I don’t see how you can meet this definition. 2 weeks every 6 months means your actual residence was somewhere else. (Again though, I find your description/timeline confusing so maybe I misunderstood something. ) indeed, the policy manual goes on to say:

An officer may also review whether an applicant with multiple absences of less than 6 months will be able to satisfy the continuous residence and physical presence requirements. In some cases, an applicant may not be able to establish that his or her principal actual dwelling place is in the United States or establish residence within the United States for the statutorily required period of time.

It would probably be safer for you to reach a point where you are sure you can properly meet the requirements if the above implies that the interviewing officer might reject you on this basis.

 

[Sm1smom]

A DV2014 lottery winner (got NIV in February 2014) who didn’t spend his first year in the US, following which he only spent spent 9 months the following year, returned to his country for two years during which he visited every six months for two weeks. How is that 30 months of US stay in 6 years???? You’re clearly haven’t met the citizenship requirements and you’re fortunate you haven’t been referred to an immigration judge yet.

 

[abumiqdad]

concurred with all the above comments. wait for another 3 years ++ (where your continuous presence in the USA, which does not involve you being out of the country for longer than couple of weeks), then you can think of applying. clearly you are not a proper US permanent resident based on your lack of presence in the USA (2-3 weeks every 180 days is not a US permanent resident)

 

[1AurCitizen]

Until recently I thought travelling back and forth would never effect my citizenship process unless it exceeds 180 days, it is only risky at the borders to get back in to the country. They did question my long stay every now and then but they were satisfied with my response.
After a year I moved to the US and stayed around 9 monthes, excluding a 5 monthes break I lived in the US for 15 monthes. Due to personal reasons I got back to my country and stayed around 2 years, but travelled back to the US in every 180 days and stayed about 2 weeks.

You've basically stated in as many own words that the US is not your primary home.

Not only are you not eligible for US Citizenship, you've risked permanent resident status by basically visiting the US for a 2-week stretch every 6 months. Someone in such a scenario may lose their green card.

 

[Jbuff]

You've basically stated in as many own words that the US is not your primary home.

Not only are you not eligible for US Citizenship, you've risked permanent resident status by basically visiting the US for a 2-week stretch every 6 months. Someone in such a scenario may lose their green card.

After reading the O/P. Questions

First thing that Jumped out at me was , forget the fact that OP isnt eligble for N400

He or she is lucky to still have that Greencard

And Applying for N400 will only put a spotlight on the fact that the Greencard can and will be taken away if applied for N400. Based on the info provided in the post!