absence vs presence amount

[ketanco]

Hello,
It has been 39 months since I got my Green card. Out of this time, my presences in the US totals up to 26 months.

Most of my absence is this year, in 2009. I first had a 5.5 month absence. Then I came back. I stayed 9 days and then left usa again. Now I am staying abroad for another 3 months, and will come back to usa.

1-is this okay as far as keeping the green card and getting readmitted to the country? I am currently outside the usa. Or should I pull my return date a little closer because another 3 months absence after a 9 days presence after a 5.5 months absence looks bad?

2-is this okay as far as getting citizenship later or would it create a problem? I mean on paper all they say is trips less tahn 180 days and presence of 30 months minimum which I will satisfy in the end.

3-Given the situation described above, for citizenship application, if I have a 40 months overall presence vs 31 months presence in the end when I apply, does this increase my chances? Or no matter how much you exceed, if you satisfy these two basic requirements you are okay no matter what, so 30 months and 40 months is not very different?

 

[Bobsmyth]

Hello,
It has been 39 months since I got my Green card. Out of this time, my presences in the US totals up to 26 months.

Most of my absence is this year, in 2009. I first had a 5.5 month absence. Then I came back. I stayed 9 days and then left usa again. Now I am staying abroad for another 3 months, and will come back to usa.

1-is this okay as far as keeping the green card and getting readmitted to the country? I am currently outside the usa. Or should I pull my return date a little closer because another 3 months absence after a 9 days presence after a 5.5 months absence looks bad?

It depends on the context of your trips. For example, if you return and inform the CBP officer that you moved out of the country and started work outside the US for a non US company, you risk loosing your GC no matter how short your trips are.

2-is this okay as far as getting citizenship later or would it create a problem? I mean on paper all they say is trips less tahn 180 days and presence of 30 months minimum which I will satisfy in the end.

Back to back trips totaling over 6 months can be seen as a break in continuous residency, especially if one trip is just under 6 month threshold, shortly followed by another trip lasting several more months.

3-Given the situation described above, for citizenship application, if I have a 40 months overall presence vs 31 months presence in the end when I apply, does this increase my chances? Or no matter how much you exceed, if you satisfy these two basic requirements you are okay no matter what, so 30 months and 40 months is not very different?

The requirement is to have at least 30 months of physical presence before you apply (under 5 year rule).You don't increase your chances by having more physical presence than is required since you'll still need to meet other requirements as well, namely continuous residency.

 

[ketanco]

It depends on the context of your trips. For example, if you return and inform the CBP officer that you moved out of the country and started work outside the US for a non US company, you risk loosing your GC no matter how short your trips are.
Back to back trips totaling over 6 months can be seen as a break in continuous residency, especially if one trip is just under 6 month threshold, shortly followed by another trip lasting several more months.

The requirement is to have at least 30 months of physical presence before you apply (under 5 year rule).You don't increase your chances by having more physical presence than is required since you'll still need to meet other requirements as well, namely continuous residency.

ok thanks. no of course i will not say anyone i am working outside as I am not anyway. i am acutally looking for a job like crazy in the usa over the internet but due to crises dont find anything. keeping all the dozens of rejection emails.
so in my case can they say that I break the continous residency? can anybody give me real examples similar to this where their citizenhip application is accpeted or denied considering presences and absences?

 

[Bobsmyth]

so in my case can they say that I break the continous residency? can anybody give me real examples similar to this where their citizenhip application is accpeted or denied considering presences and absences?

Depending on the IO at interview there's a possibility that the back to back trips will bring your continuous residency into question. At the very least, expect to be asked the nature of your trips and if you kept US residency ties (ex: if you paid rent /mortgage for a home in US).

 

[nri107]

Absences of more than six months

Depending on the IO at interview there's a possibility that the back to back trips will bring your continuous residency into question. At the very least, expect to be asked the nature of your trips and if you kept US residency ties (ex: if you paid rent /mortgage for a home in US).

Need Help.
I have a problem of absences of more than six months. Out of six absences, three are for more than six months. To complete the minimum requirement of 30-months physical presence, I decided to wait for one more year.
I completed 5 years in November 2008 with first long absence of 10 months in 2004. I started counting five years from arrival back in Nov 2004. Completed 30-months physical presence in April 2009 but decided to apply in Nov 2009 - taking five years from Nov 2004.
Again in 2006 and 2007, absences are more than six months. I was in fact never aware that it causes break unless satisfactorily explained.
I have been filing Tax Returns from 2005 to 2008 - but with very little income and that too for working with my son's company in NY. I have no house of my own - no mortgage or rent receipts. I and my wife live with our son in NY who has given a letter to confirm that we both are living with him as his dependents with one bed room exclusively at our disposal where we have all our personal stuff. My son's company has also given a letter that in 2006 (absence of more than six months), I worked on some India project on behalf of his US company, searching out prospective Indian business associate. In 2007 - I have nothing to explain - no US company job - just one month's salary of Jan 2007 went in my Tax return for 2007.
Last travel to India in 2008 was less than six months and after coming to US in June 2008, we did not go back. I have been concentrating on taking citizenship first before visiting India again in 2010.
I have only two documents - one my son's company letter of employments in 2005, 2006and 2008 (for few months in the whole year with small incomes), tax returns with very small incomes. Continuing with this small income small hours job currently even in 2009.

I would like to know the experience of all those who experienced similar situations at the interview and how to handle these. Do they really matter a lot and how to justify these. Main reason was total ignorance of law - I thought that absence of less than one year will never come in the way - it is only in 2008 when I started thinking of applying for citizenship and realized all this what has already happened.

I have filed my N 400 on November 30 and done FP on 12/24/2009 through walk-in FP.

Now waiting for the interview letter. Based on discussions at this very useful forum, I think, I should expect interview in late February or early March 2010.

It will be a great help if all those having similar experiences can share their thoughts and interview experiences with me.

Many many thanks in advance

NRI 107