Can these absensces impact residency requirements ?

O

optimum2b

Registered Users (C)
Dear Forum members,

Please review the details below and share your inputs ...

Me and my wife got our GC in 2004 and have been in and out of the country multiple times.

In summary, since Jun 2010, I was out of country 33 out of 36 months but never over 12 months. Traveled 7 times during this period and the longest duration out of the country was 11 months

A lot of travel due to work with a multinational. Did not file any paperwork to preserve residency status. Always filed taxes as a US resident, had a US address, bank acct, license, 401k etc. We are back in the states now and would like to know when we can apply for USC.

Based on the 30 months requirement, I calculate eligibility for USC around Dec 2015 (if we continue to reside in the US).

Request experts to share their view on applying for USC in 2015 December ... is there any risk of rejection ? If so, what would be the impact towards applying again ? Any similar experiences ?

Thanks in advance for your inputs.
 
We'd need a complete list of your trips to be able to help you, but essentially you can probably apply 4 years plus 1 day after you returned from your last trip that lasted over 6 months.
 
Thank you all for your inputs. Here is a list of travel dates. The longest stay outside of US was May 09 to May 10 (over 10 months). So, should I consider the clock restarts at May 10. If so, what are the chances of rejection due to the list of absences... and if rejected, how does that affect 2nd application ?

Left US Returned to US Days stayed outside US Months stayed outside US
13-Nov-04 14-Dec-04 31 1.0
30-Dec-05 15-Feb-06 47 1.5
22-Jul-06 23-Oct-06 93 3.1
10-Jan-07 13-Feb-07 34 1.1
01-Jul-07 11-Dec-07 163 5.4
15-Dec-07 5-Jun-08 173 5.7
10-Jun-08 20-Apr-09 314 10.3
19-May-09 30-May-10 376 12.4
11-Jun-10 28-Oct-10 139 4.6
16-Nov-10 4-Dec-10 18 0.6
16-Dec-10 6-Feb-11 52 1.7
12-Feb-11 24-Apr-11 71 2.3
18-May-11 23-Apr-12 341 11.2
26-May-12 22-Jan-13 241 7.9
27-Jan-13 22-Apr-13 86 2.8
 
Tazmania said:
If I see it correctly you can apply 90-days before January 13, 2018
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Hi Tazmania, thank you for your reply. Going by the flowchart on INS website, woudlnt May 2010 be my start date for calculating residency requirements ? I have not had any absence over 12 months since May 2010.
 
optimum2b said:
Hi Tazmania, thank you for your reply. Going by the flowchart on INS website, woudlnt May 2010 be my start date for calculating residency requirements ? I have not had any absence over 12 months since May 2010.
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But you've had two absences longer than 6 months since May 2010. A single absence of 6 months by itself is grounds for denial. You'll have the opportunity to present evidence to overcome that, but with two absences of 6+ months including one that is close to a year, your chances of success would be very very low.
 
thanks for your reply Jackolantern... is there any risk in rejection ? trying to understand if getting rejected will jeopardize re-applying at a future date ..
 
If denied for breaking* physical presence or continuous residence, it doesn't jeopardize future applications. You'd only lose money, and you can reapply in the future when you have accumulated sufficient time of presence and residence.


*however an unexplained absence (no reentry permit, SB-1 visa, military service or other relevant documentation/justification) of over a year theoretically could cause you to lose your green card on the grounds that you should not have been readmitted to the US after that absence. But you had a reentry permit so that's not a problem for you.
 
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optimum2b said:
thanks for your reply Jackolantern... is there any risk in rejection ? trying to understand if getting rejected will jeopardize re-applying at a future date ..
Click to expand...

I'm quite sure they will deny your application. I'm sure you can do something better with $690.
 
If you're in a hurry to apply because you want to be able to be out of the country for long periods of time, it's understandable. If you can explain how your long absences in 2012-13 didn't lead to a break in your continuous residency, go for it. You might be really lucky and get a very understanding/preoccupied IO. Small chance, but it's there if you can afford it.
 
Applying in 2013 would be a guaranteed denial (unless applying with the 3-year marriage rule), because the trip that ended in May 2010 was over a year.

If not eligible for the 3-year rule, the earliest possibility would be 4 years and 1 day after that May 2010 trip, i.e. 31 May 2014. But that still leaves an 11 month trip and an 8 month trip in the picture.
 
The OP was asking about applying in 2015. I agree the trip of almost a year is quite difficult to brush under the rug, but I remember when I applied for citizenship, I had nothing to lose except for the money because I really wanted to leave the country.
 
Jackolantern said:
If not eligible for the 3-year rule, the earliest possibility would be 4 years and 1 day after that May 2010 trip, i.e. 31 May 2014. But that still leaves an 11 month trip and an 8 month trip in the picture.
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How should 4 years and 1 day work?

He broke the continuous requirement two more times after May 2010:

18-May-11 23-Apr-12 341 11.2
26-May-12 22-Jan-13 241 7.9

Overall he is very lucky to still have the GC.
 
Tazmania said:
How should 4 years and 1 day work?

He broke the continuous requirement two more times after May 2010:

18-May-11 23-Apr-12 341 11.2
26-May-12 22-Jan-13 241 7.9
Click to expand...

Absences of over 6 months but under 12 months don't absolutely break continuous residence. There is the opportunity to provide evidence to overcome the presumption of breaking continuous residence. So there is a chance, albeit a very very small chance, of getting approved if applying on 31 May 2014.
 
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