Continuous residence calculation method

Eric83

New Member
Hi all,

I'm very sorry if you already have the same thread. But let me explain you my situation.

I got Green Card in January 2010.

I left US in August 12, 2010 and returned in June 16, 2011 so I was out of the country for 304 days or 10 month and 5 days.

If you break it down to calendar year it will be

104 days (or 4 months and 20 days) in 2010 (period from August 12, 2010 to December 31, 2010). 4 months in 2010 is LESS than 6 months.

AND

167 days (or 5 months and 16 days) in 2011 (period from January 01, 2011 to June 16, 2011) and again 5 months is LESS than 6 months period.

I did not leave State of California since June 16, 2011 till nowadays. It means I meet USCIS criteria (§ Sec. 316.2 Eligibility) for "physically presence in the United States for at least 30 months of the five years preceding the date of filing the application" and all other points in the above mentioned Sec. 316.

I couldn't find information how USCIS calculate 6-12 months period.

My question is:

Do they calculate 6 months period based on a calendar year (for example in year 2010 I was out of country for 4 months and in the year 2011 I was away for 5 months) or do they calculate it based on trip duration regardless calendar year????

P.S.: I'm planning to apply for US citizenship in the mid of 2015 (so it will be 5+ years).
 
It is based on trip and you have to count year one from the day you were PR. You won't be able to apply for N400 in 2015 based on that long trip as you have broken continuous residence (over 6 months trip).

Did you get any advance parole before you left for this long trip? if not then you need to be able to answer why you were out for that long.

There are other requirements besides physical presence that you need to fulfill. I would say this is the easy part.
 
.... you have to count year one from the day you were PR.
I know
You won't be able to apply for N400 in 2015 based on that long trip as you have broken continuous residence (over 6 months trip).
I don't think so, I have IRS tax returns for the last 5 years and I left US not for work but for family reasons.

http://www.uscis.gov/sites/default/files/files/article/attachments.pdf

There are other requirements besides physical presence that you need to fulfill. I would say this is the easy part.
Requirements other than mentioned in this checklist?? http://www.uscis.gov/sites/default/files/files/article/attachments.pdf
 
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