5 Year GC and 3 year presence rule

E

emno

Registered Users (C)
Hi,

I got my GC on 6/28/2005 and was out of country(USA) in 2006 for 1 month and in 2008 again for 1 month.

Do I have to deduct these 2 months from the calculation of 5 year and 3 year continious presence?
or I am just can file my N-400 on 3/28/2010 exectly 90 days before the 5 year of GC?

Thanks
 
You should be able to file that day. However make it 87 or 88 days to be on the safe side. Some USCIS employees have really poor arithmetic skills.

emno said:
or I am just can file my N-400 on 3/28/2010 exectly 90 days before the 5 year of GC?
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emno said:
I got my GC on 6/28/2005 and was out of country(USA) in 2006 for 1 month and in 2008 again for 1 month.

Do I have to deduct these 2 months from the calculation of 5 year and 3 year continious presence?
Click to expand...
No.
I am just can file my N-400 on 3/28/2010 exectly 90 days before the 5 year of GC?
Click to expand...
You will get denied if you apply on 3/28, because that is 92 days before 6/28.

90 days before 6/28 is 3/30. Add a few days to make it April 2 or later in order to protect yourself from USCIS miscounting.
 
Triple Citizen said:
You should be able to file that day. However make it 87 or 88 days to be on the safe side. Some USCIS employees have really poor arithmetic skills.
Click to expand...

I don't think they count days manually or even use a hand calculator. Their system must have a algorithm.
We just do not know what date they use - the date with the signature on N400 or mailing date or receipt date.
 
Thanks Triple Citizen, Jackolantern and WBH.

I will apply after 2nd april. You guys are great.
 
WBH said:
I don't think they count days manually or even use a hand calculator. Their system must have a algorithm.
We just do not know what date they use - the date with the signature on N400 or mailing date or receipt date.
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They don't have an algorithm, the person receiving the application eyeballs it. They are trying to save you your $675 because once the application is in the system, your $675 are gone.
This is also why every once in a while we get people rejected when they filed exactly on the 90th day (human error).
 
3 year continious presence?

Saw the following line in your first posting.

"Do I have to deduct these 2 months from the calculation of 5 year and 3 year continious presence?"

Is it necessary to stay for 3 years continuously without going out of the country? I am a little confused and not aware of such rule. I could be wrong.

Please comment on this.

Thanks and regards.
 
Thanks Triple Citizen for your quick update. I am sorry I did not understand by what you meant. Can you please elaborate? Does a person have to be here physically CONTINUOUSLY for 3 years without ever stepping out of the country? Is this required when we file for citizenship.
 
if i am not mistaken it means that you should be physically present in america for half the time of your residency requirements in the statutory period 365X3 (in your case 3 years/30 months as its based 5 years) that is 1095 days (1096 to be on the safer side)
 
emno said:
Hi,

I got my GC on 6/28/2005 and was out of country(USA) in 2006 for 1 month and in 2008 again for 1 month.

Do I have to deduct these 2 months from the calculation of 5 year and 3 year continious presence?
Click to expand...
Where are you getting your information from regarding 5 years and 3 years "continious presence"? Do you understand the difference between the 5 year rule and 3 year rule? Or the difference between physical presence and continuous residence? Have you read The Guide To Naturalization?
 
CA-person said:
Thanks Triple Citizen for your quick update. I am sorry I did not understand by what you meant. Can you please elaborate? Does a person have to be here physically CONTINUOUSLY for 3 years without ever stepping out of the country? Is this required when we file for citizenship.
Click to expand...

This is what happens when you answer both sides of a question and ask if you are wrong.

You do not need to be chained to the US for 3 consecutive years. Continuous residence is not broken by short trips abroad. If you are out of the country more than 6 months in a 12 month period, it raises suspicion that you may have broken continuous residence, if you are out 12 months at a time, you broke continuous residence. Depending on an IO, they can categorize trips of 5Months + 5 Months + 5 Months as one long >12 month trip if the time in the US between these trips is only a few weeks.
 
Last edited by a moderator:
CA-person said:
TDoes a person have to be here physically CONTINUOUSLY for 3 years without ever stepping out of the country?
Click to expand...

Would not that be cool!!! News Alert - Citizenship apps dropped 99.99% because of this application of continuous presence rule. In past few months, I recall only sanjay74 who did not step out of US soil for over 4 years.

I think GungaDin has replied in some detail. A different take ... Continuous does not mean continuous. However, USCIS has some measures to check that your residency is legit. Some of them are straight rules such as # days in US / # days since GC (max of 3 years/5 years). Some are not so straight, and people believe they get in trouble only when they take a trip longer than 6 months. However, if the officer can detect a pattern of trips which seems to be done just to beat this scenario, they can question the person further, and ask him/her to prove the bona-fides of the person's residency. This is what is known as the continuous presence rule. Continuous presence == are you actually living in US?
 
Bobsmyth said:
It's continuous residence and physical presence rule, not continuous presence or physical residence.
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Ouch!! I am almost dyslexic (not in spelling, but words) as I swap words like this most of the time.

I keep thinking of writing down the exact terms somewhere, but never get around to doing it ... no better time than now.
 
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