Advice needed

fasaavedra

Registered Users (C)
Does anyone know exactly, how many days in a year a LPR must reside in the USA in order to manitain his/her status as a LPR?? My boss whom is a LPR comes to the US about 4 or 5 times yearly and stays here for 2 or 3 days on each trip, he does so for years and never have been questioned about this. My boss states in order to maintain LPR status you just need to enter the US for 24 hours , pay taxes and that is it.....is he correct?

2. currently i have been LPR for 4 years, then i guess im still behind 9 or 10 months for naturalization, if i leave the US for one year with a Advance Parole or whatever document thats allow me to remain outside the US for more than one year, can i submit my N400 while overseas as if i were living here , and just come for the interview??

Opinions and advices are highly appreciated.
 
No he is not correct.
There is no clear rule for it, but the requirement is that LPRs need to reside in the US.
Not being residing and just visiting some occasion will evetually go against him when he is questioned at POE.
 
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Does anyone know exactly, how many days in a year a LPR must reside in the USA in order to manitain his/her status as a LPR?? My boss whom is a LPR comes to the US about 4 or 5 times yearly and stays here for 2 or 3 days on each trip, he does so for years and never have been questioned about this. My boss states in order to maintain LPR status you just need to enter the US for 24 hours , pay taxes and that is it.....is he correct?

2. currently i have been LPR for 4 years, then i guess im still behind 9 or 10 months for naturalization, if i leave the US for one year with a Advance Parole or whatever document thats allow me to remain outside the US for more than one year, can i submit my N400 while overseas as if i were living here , and just come for the interview??

Opinions and advices are highly appreciated.

Your boss's understanding is incorrect.
 
what about question # 2??

INA 316(b):

Absence from the United States of more than six months but less than one year during the period for which continuous residence is required for admission to citizenship, immediately preceding the date of filing the application for naturalization, or during the period between the date of filing the application and the date of any hearing under section 336(a) , shall break the continuity of such residence, unless the applicant shall establish to the satisfaction of the Attorney General that he did not in fact abandon his residence in the United States during such period.


Absence from the United States for a continuous period of one year or more during the period for which continuous residence is required for admission to citizenship (whether preceding or subsequent to the filing of the application for naturalization) shall break the continuity of such residence except that in the case of a person who has been physically present and residing in the United States after being lawfully admitted for permanent residence for an uninterrupted period of at least one year and who thereafter, is employed by or under contract with the Government of the United States or an American institution of research recognized as such by the Attorney General, or is employed by an American firm or corporation engaged in whole or in part in the development of foreign trade and commerce of the United States, or a subsidiary thereof more than 50 per centum of whose stock is owned by an American firm or corporation, or is employed by a public international organization of which the United States is a member by treaty or statute and by which the alien was not employed until after being lawfully admitted for permanent residence, no period of absence from the United States shall break the continuity of residence if-


(1) prior to the beginning of such period of employment (whether such period begins before or after his departure from the United States), but prior to the expiration of one year of continuous absence from the United States, the person has established to the satisfaction of the Attorney General that his absence from the United States for such period is to be on behalf of such Government, or for the purpose of carrying on scientific research on behalf of such institution, or to be engaged in the dev elopment of such foreign trade and commerce or whose residence abroad is necessary to the protection of the property rights in such countries of such firm or corporation, or to be employed by a public international organization of which the United States is a member by treaty or statute and by which the alien was not employed until after being lawfully admitted for permanent residence; and


(2) such person proves to the satisfaction of the Attorney General that his absence from the United States for such period has been for such purpose.


The spouse and dependent unmarried sons and daughters who are members of the household of a person who qualifies for the benefits of this subsection shall also be entitled to such benefits during the period for which they were residing abroad as dependent members of the household of the person.
 
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