Continious stay

  • Thread starter Thread starter drvns2001
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drvns2001

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this is in order to say
 
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What do you mean by you just found out you left the country for 8 months? Were you abducted by aliens? :D

If you left the country for 8 months there is a presumption of break of continuous residency that you can overcome by providing evidence that proves your US residential ties during the time you were away.
 
I am confused, does that mean all the number of years I spent in the USA are not counted when counting for the mandatory 5 year period? please help. thanks
If they deem that your over-6 months trip has broke continuous residence, it is true that all the years spent in the US before that trip don't count. Except that they only require you to spend 4 years and 1 day residing in the US after that break in residence, instead of having to redo the whole 5 years.

But you can save yourself by showing that you held sufficient ties to the US during those 8 months when you were gone. However, convincing them will be more difficult if there are other long trips (even if they are under 6 months) right before and/or after than 8-month trip.
 
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