A day less than 6 months?

S

sudha1999

Registered Users (C)
Hi,

My wife made a trip to foreign countries and stayed outside USA for 182 days. (left on May 30 and returned to USA on November 29, both days i.e left and returned to USA considered days spent in USA). Month wise it is a day less than 6 months but total number days 182 which constitute more than 6 month period. Is this less than 6 months or more than 6 months time spent outside USA. Please let me know if we need to report 6 months spent outside USA.

I appreciate if you can offer any suggestions. Thanks.
 
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Stay outside USA is just over 6 months but the physica presence in USA is 42 months

Thanks for input. It was November 29. Here is the actual scenario.


Physical Presence in USA 42 months since the PR.
Stay Outside USA 182 days (just over six months).

One of the eligibility criteria is physical presence in USA 30 months. Is she still eligible to apply for citizenship under above conditions.
 
I would say she should go for it, but she should be prepared to provide evidence that she didn't abandon her residence in the US, telephone bills etc..
 
Your wife may have to send additional docs with her application because she has had overseas trips of 6 months or more. See the "Guide to Naturalization" for more info.
 
I think your wife should be fine. Just send some additional documents of her need to be there for that time. I know I have seen cases where the applicants were out side for 7 months they were cleared.

It all sometimes depends on the nationality, name which can trigger something but otherwise you should be Ok.
 
sudha1999 said:
Hi,

My wife made a trip to foreign countries and stayed outside USA for 182 days. (left on May 30 and returned to USA on November 29, both days i.e left and returned to USA considered days spent in USA). Month wise it is a day less than 6 months but total number days 182 which constitute more than 6 month period. Is this less than 6 months or more than 6 months time spent outside USA. Please let me know if we need to report 6 months spent outside USA.

I appreciate if you can offer any suggestions. Thanks.
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6 months is not equal to 180 days.

Depending on months it can be up to 183 days. USCIS is using rather 6 months term vs. 180 days.

If you were 182 days outside of US you were not out more then 6 months. You were exactly 5 months and 29 days.

Good luck and do NOT worry!
 
reko3 said:
Trip more than 180 days consider as more than 6 months.
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By who?

180 days is not equal to 6 months ant therefore a trip over 180 days can not be interpreted as trip over 6 months. Depending on month - 6 months period can have up to 183 days.

Moreover USCIS is asking for trip over 6 months – not for trip over 180 days.
 
When USCIS makes the calculation, they use the number of continuous days outside the country to determine if continuous residency was broken. Hence, 182 days will be seen as a period of over 6 months since precedent shows that they consider 1 month to have 30 days, regardless of if certain months have more than 30 days.

This being said, the IO may request additional documentation at interview to prove that continuous residency was not presumed to be broken by applicant for a trip outside US of 182 days.

You're kidding yourself if you want to argue with USCIS that 182 days is not over 6 months and that your continuous residency was therefore not presumed to be broken. In the end, USCIS has the discretionary authority to interpret 8 USC 1427, not the applicant.
 
Bobsmyth said:
When USCIS makes the calculation, they use the number of continuous days outside the country to determine if continuous residency was broken. Hence, 182 days will be seen as a period of over 6 months since precedent shows that they consider 1 month to have 30 days, regardless of if certain months have more than 30 days.

This being said, the IO may request additional documentation at interview to prove that continuous residency was not presumed to be broken by applicant for a trip outside US of 182 days.

You're kidding yourself if you want to argue with USCIS that 182 days is not over 6 months and that your continuous residency was therefore not presumed to be broken. In the end, USCIS has the discretionary authority to interpret 8 USC 1427, not the applicant.
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Bobsmyth, it is not how we would interpret something – it is what Naturalization Law says – and it is written 6 months in the law. Not 180 days.

USCIS do not consider 1 month being 30 days. I do not know where you have found this information. If you take a look at simple tourist visa issue and expiration day – you will see that they not equal 1 month to 30 days.

This forum is great place for discussion, but please all of us should bear in mind that all of information posted here should be taken with caution
 
marco2009 said:
Bobsmyth, it is not how we would interpret something – it is what Naturalization Law says – and it is written 6 months in the law. Not 180 days.

USCIS do not consider 1 month being 30 days. I do not know where you have found this information. If you take a look at simple tourist visa issue and expiration day – you will see that they not equal 1 month to 30 days.

This forum is great place for discussion, but please all of us should bear in mind that all of information posted here should be taken with caution
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Again, good luck explaining your logic to USICS..As I said, they have discretionary power to decide how many days 6 months is.
A great example to support my claim is the naturalization guide..it states that you can submit application up to 90 days early , whereas the written law states it as 3 months.
The bottom line is, do you seriously think you have an argument that will stand up during an appeal? I think not.
Also, the 6 months limit to determine presumption of continuous residency break is not a magic number. The IO will look at the intent when deciding if you have broken continuous residence. Some think they can beat the system by coming back just under 6 month limit and be fine..the reality is much different.
 
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Bobsmyth said:
Again, good luck explaining your logic to USICS..As I said, they have discretionary power to decide how many days 6 months is.
A great example to support my claim is the naturalization guide..it states that you can submit application up to 90 days early , whereas the written law states it as 3 months.
The bottom line is, do you seriously think you have an argument that will stand up during an appeal? I think not.
Also, the 6 months limit to determine presumption of continuous residency break is not a magic number. The IO will look at the intent when deciding if you have broken continuous residence. Some think they can beat the system by coming back just under 6 month limit and be fine..the reality is much different.
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I agree with that. Anyway, if the OP has the proper documentations to evidence they didn't abandon their residency, they shouldn't worry so much.
 
Bobsmyth said:
Again, good luck explaining your logic to USICS..As I said, they have discretionary power to decide how many days 6 months is.
A great example to support my claim is the naturalization guide..it states that you can submit application up to 90 days early , whereas the written law states it as 3 months.
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It is not about my logic… or yours… The law is very clear and I do not understand why you are trying to interpret law as you think it should be. Moreover many of you know in advance IO’s thoughts and actions.

OP asked how many days is 6 months. You went all the way to the appeal… By the way – speaking about your great example - guide … is not the law.
 
marco2009 said:
It is not about my logic… or yours… The law is very clear and I do not understand why you are trying to interpret law as you think it should be. Moreover many of you know in advance IO’s thoughts and actions.
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I am not interpreting the law..I am saying that is the way USCIS has determined what 6 months is and that they have the discretionary power to do so at interview. Your entire argument is based on your assumption that the 6 months referred to in the law (8 cfr 316.5(c)) implies calendar months, yet you haven't provided any proof to back up your assumption.

marco2009 said:
By the way – speaking about your great example - guide … is not the law.
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My example was proof that that is the way USCIS has interpreted the law. Also, I used the term appeal as you are saying it's the law is and therefore imply that it can be successfully applied (either at interview or in court) (why else base your argument on "it's the law" ?)



Page 22 of guide:

If you are applying based on 5 years as a Permanent Resident or 3 years as a Permanent Resident married to a U.S. citizen, you
may file for naturalization up to 90 days before you meet the continuous residence requirement.


8 USC 1445a(a):

...the application for naturalization may be filed up to 3 months before the date the applicant would first otherwise meet such continuous residence requirement.



Btw, telling the OP he will be fine based solely on your assumption that 182 days must be counted as 5 months 29 days at the interview is flaky. Again, the determination of continuous residence goes beyond period limits.

In order to back up your point, bring some evidence to the table. Your assumption that the law implies calendar months is only that ..an assumption..and assumptions can only be validated with evidence and tests (in this case test of the law).
 
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My wife made a trip to foreign countries and stayed outside USA for 182 days. (left on May 30 and returned to USA on November 29, both days i.e left and returned to USA considered days spent in USA).

Use Timeanddate.com to calculate days. You can only use 1 day as spent in USA not both days (left and returned), which adds one day to the total days spent outside USA.
 
gc_luckyguy said:
You can only use 1 day as spent in USA not both days (left and returned), which adds one day to the total days spent outside USA.
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Agreeing with this - my IO went through all my trips (9 in total) checking nunmber of days. She made it clear that you count the day you leave, but not the day you return (or the other way around). I specifically remember that, because it contradicted what I thought I had read on the N-400 guide. I saw no need to clarify it, since it made no difference to my eligiblity.
 
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