180 day requirementContinous Residence

R

rk mr

Registered Users (C)
Dear friends,

Wrt the naturalization requirement for "Continous Residence" that one should not have been outside the US for 6months or more, is the days of residence outside counted to be 180 days or less?

I left the US on the 10th of Dec and plan to be back in the US on the 7th of June.
Dec 22 days (left US on the 10thof Dec)
Jan 31 Days
Feb 28 days
Mar 31 Days
Apr 30 days
May 31 days
Jun 7 days (Reacheing US on the 7th)

I am not sure how the count is done, but can this be interpreted as the 180th day and an issue?

Thank you,

Kumar
 
Hi Kumar!

USCIS counts consecutive days, meaning they look for a single or a number of single trips that lasted 180 days or more each.

If you leave the U.S. for 150 consecutive days, come back on day 151...stay for two months in the U.S. and leave again for..let us say...110 days. You theoretically have not broken the continuous residency rule. Still, such a scenario would raise plenty of suspicion. How can somebody claim to reside in the U.S. and he/she is hardly ever in country?

Assuming Dec 10 through June 7 is ONE CONSECUTIVE TRIP, add all the days you know how close to the 180 rule you are. Keep in mind though:

The DAY YOU LEFT the U.S. (Dec. 10), as well as the DAY YOU RETURNED to the U.S. (June 7) do not have to be included.

Partial days spent in the United States count has if you had spent the entire day in the U.S. (it is in the 'Guide to Naturalization').

So let us say (too lazy to count ;-) ) counting all days, incl. Dec. 10 and June 7, comes out to 180 days total...for legal purposes you would have been gone for only 178 days.

I hope this helps.

Cheers,
Legal
 
Thanks LegalAlien.
Also I am assuming that the officer will not be hung up on a day here and there but the whole picture from the point of intent.

Kumar
 
mrrk,
what is your d.o?

mrrk said:
Thanks LegalAlien.
Also I am assuming that the officer will not be hung up on a day here and there but the whole picture from the point of intent.

Kumar
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