Continuous residence :2 trips in one year

[skris912]

hello gurus,
i spoke to attorney today, i got two different answers.

1.Since i had travelled 4 months to India from Aug-15 to Dec-15, if i go another trip this year-2011 before Aug2011, i willl have to go less than 2 months, During Citizenship(N400) ,USCIS will check if i had been out of country for more than 180days in One year?, but i never say this rule anywhere.

2.My second Attorney said, I can go again after Feb2011 for 4 months but told me to keep apartment renting and bank statements keep coming as long as I am in India till i come back and carry the apartment lease/car title ,,incase of POE office asks i can show i have residence in America.


I have been struggling to get right answer before i go for another 2 to 4 months trip to INDIA, but got multiple answers, So please someone put some strong advice on this please...

My details:
Got GC in 2007, I have been in USA after GC for 3.5 years and I have been to India 4 times.
3 times are just 10days each trip
4 trip was for 4 months in 2010
I will apply N400 in 2012.

 

[Bobsmyth]

hello gurus,
i spoke to attorney today, i got two different answers.

1.Since i had travelled 4 months to India from Aug-15 to Dec-15, if i go another trip this year-2011 before Aug2011, i willl have to go less than 2 months, During Citizenship(N400) ,USCIS will check if i had been out of country for more than 180days in One year?, but i never say this rule anywhere.

It's 180 continuous days , although 2 back to back trips of just under 6 months in one year can be see as intent to have broken continuous residency.

2.My second Attorney said, I can go again after Feb2011 for 4 months but told me to keep apartment renting and bank statements keep coming as long as I am in India till i come back and carry the apartment lease/car title ,,incase of POE office asks i can show i have residence in America.

Length of trip is just one of the things used to determine residency ties. Purpose of your trip is another. If you're going to India for 4 months trips to work for an Indian company and not maintaining US primary address, then that is strong evidence that you have abandoned US residency ties. However, if you're going to take care of sick relative for 4 months while otherwise maintaining your US primary abode, this would be see as keeping US residency ties.

 

[skris912]

thanks Bobsmyth .
In that case i will reduced the trip to 60days and if i travel around March 2011 to India , will that cause any continuous residency?, ..that makes around 190days for two trips in one year(before Aug 13 2011)?
Does this 190 days trip in 2 trips and less than 180days for each trip in one year will cause any problem at port of entry>?

 

[Bobsmyth]

Does this 190 days trip in 2 trips and less than 180days for each trip in one year will cause any problem at port of entry>?

No, since they are sufficiently apart and short enough. You should still expect to answer the purpose of your trips and what residency ties you have in US at interview.

 

[skris912]

sorry,.you reply was not clear....so are you suggesting me to wait for another 6 months or one year till Aug 15th to go for another trip to India?

 

[Bobsmyth]

sorry,.you reply was not clear....so are you suggesting me to wait for another 6 months or one year till Aug 15th to go for another trip to India?

Your trips length and frequency are not sufficient to suggest break in continuous residency. However be expected to show that you maintained your primary US abode while in India.