Confusion about time allowed outside the country at any given period.

[cafeconleche]

Hi everyone, I have a question about how long I'm allowed to stay outside the country at any given time. I'm a permanent resident, and I'm doing a master's degree outside the country. Can I stay for the entire 10 months (from September until June), or do I have to come back in the middle. The wording of the residency requirements are confusing.

This line (has resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing with absences from the United States totaling no more than one year) doesn't seem to click with this line (absences of more than six months but less than one year break the continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period)

What am I supposed to assume?

 

[boatbod]

Unfortunately this is a bit of a gray area.

Under the rules of LPR, you may remain outside the US for up to 1 year without your GC being automatically canceled, however it is still possible to show intent that you've abandoned LPR prior to that if you take up foreign employment or other similar actions.

Under the rules of naturalization, any trip outside the US between 6 months to 1 year is presumed to break Continuous Residence unless the applicant can prove otherwise. This would mean that a 10 month trip could cause your 5yr naturalization waiting period to be reset. That said, USCIS often looks favorably on overseas study, especially where the student's family continues to reside in the US while they are abroad.

Sounds simple right? Well the gray area surrounds the issue of whether it is permissible to break a longer trip into shorter segments to avoid the 6 month cutoff. Generally speaking I advise against this, as USCIS will generally deny your N-400 application on the grounds of breaking residence because you would have demonstrated that you were in fact residing abroad.

Either way, if you plan on being away for 10 months, I would advise applying for a Reentry Permit because it gives you added proof that you only intended to be taking a temporary trip abroad.