Continuous residence for US citizenship

[cywidnori]

Hi y'all!

I am still confused of what continuous residency means. On the uscis.gov, it is stated that "Continuous residence = 5 years as a Permanent Resident without leaving the United States for trips of 6 months or longer." What does it means "leaving the US for trips of 6 months or longer?" Does this mean for each trip to not longer than 6 months, but it is okay to have several trips less than 6 months even if one trip is 5 months, the next trip is 4 months and so on ? Or does it means I can only have accumulation of several trips that is less than 6 months during the 5 years period (1 month on 1st trip, 3 months on 2nd trip, 2 weeks on 3rd trip and 1 month on 4th trip)?

"Physical Presence in the United States = 30 months" which I have completed since my LPR in Aug 2006 until now via EB3. However I did have 20 days China trip in 2008, 3 days Canada trip in Jan 2009 and 29 days Indonesia trip in Dec 2009.

The reason I am having these question is because of the need for me to be overseas for a long period to take care of my parents. In which I'd be dependent to my family although I am already over 21 year old. I understand that I am eligible to apply for citizenship in June 2011. How can I be eligible to do so by then?

I am planning to be overseas for 4 months from June to Sept 2010 then return to the USA for 3 months Oct to Dec 2010, go overseas again for 3 months Dec 2010 to Feb 2011 then return to USA in March 2011 then apply the citizenship in June 2011, go overseas July 2011 and return Aug 2011 to USA again for completion of citizenship process. Is this possible? Would there be any problem?

Hope to hear some advice from y'all. Thanks in advance.

 

[Jackolantern]

I am still confused of what continuous residency means. On the uscis.gov, it is stated that "Continuous residence = 5 years as a Permanent Resident without leaving the United States for trips of 6 months or longer."

That's a gross oversimplification. It refers to 6 consecutive months outside the US, but there is much more to continuous residence than that.

Basically, continuous residence is a subjective evaluation of all the facts, with some rules and guidelines as described below.

- If you spend 12 consecutive months outside the US, you automatically break continuous residence. Exception is if you're overseas in the US military or got an approved N-470 by working abroad for a US corporation or government agency or recognized international organization (e.g. IMF, United Nations).

- If you spend more than 6 consecutive months but less than a year outside the US, it is presumed that you have broken continuous residence, but you are given the opportunity to prove otherwise by showing that you maintained substantial ties to the US during your absence, such as keeping your house or apartment, car, spouse and children, bank accounts, etc. in the US.

- If none of your trips are 6 months or more, it is the responsibility of the IO to look at the entire pattern of your travels and ties to the US to determine if you broke continuous residence. So if all your trips are under 6 months each, you could still be found to break continuous residence if you took 4 trips of 5 months each with one week in between.

"Physical Presence in the United States = 30 months" which I have completed since my LPR in Aug 2006 until now via EB3. However I did have 20 days China trip in 2008, 3 days Canada trip in Jan 2009 and 29 days Indonesia trip in Dec 2009.

Physical presence is a straight mathematical calculation without the subjectivity of continuous residence. It's just a matter of listing and counting your days inside and outside the US during the past 5 years before you submit the application, excluding time before your green card was granted.

I am planning to be overseas for 4 months from June to Sept 2010 then return to the USA for 3 months Oct to Dec 2010, go overseas again for 3 months Dec 2010 to Feb 2011 then return to USA in March 2011 then apply the citizenship in June 2011, go overseas July 2011 and return Aug 2011 to USA again for completion of citizenship process. Is this possible? Would there be any problem?

Your plan doesn't look too bad, as you're spending a few months in the US in between trips. But because of the subjectivity, we can't tell you for sure how the IO will view it. However, try to minimize travel during the citizenship process itself, as that period of time is viewed more critically. When you spend multiple months abroad while the citizenship process is going on, it creates the impression that you might have already relocated abroad permanently and you're just touching base in the US to complete the citizenship process.

 

[Bobsmyth]

I am planning to be overseas for 4 months from June to Sept 2010 then return to the USA for 3 months Oct to Dec 2010, go overseas again for 3 months Dec 2010 to Feb 2011 then return to USA in March 2011 then apply the citizenship in June 2011, go overseas July 2011 and return Aug 2011 to USA again for completion of citizenship process. Is this possible? Would there be any problem?.

During your overseas visits, will you be maintaining your primary US abode? You can't just claim to stay with friends or family (unless you have some form of formal lease agreement).