Continuous Residence question

S

Sunday99

Registered Users (C)
Hi,

I have been reading posts regarding being outside US for more than 6 months and being still eligilbe for the naturalization (in 5 year case). I am still a bit confused, so I would really appreciate if somebody could help me out.

My situation:
I got my green card on in March 2006. Since then, I have been 4 times outside the US, for vacation only and not more than 3 weeks at a time. So, if I understood correctly from the 'literature', I have continuous residence of 1 and 1/2 year so far.
The plan is to join my partner for a sabatical time from fall 2008 till summer2009 for about 10 months. At the moment it is not clear whether I would be working abroad (Europe) as it might be too complicated to obtain working permit.
Nevertheless, I would keep my US address, pay my phone bill, car insurance, credit cards etc. Of course, I would file the US taxes as I would be working in US part of 2008 and hopefully in 2009 (once I am back to US).

My question is whether this break of 10 months will disrupt my continous residence.
Second question is what I need to do in order to keep my Permanent Resident status while being away from US for 10 months.

Thank you very much!
 
Before leaving, apply for a re-entry permit to keep your permanent resident status.

However, for naturalization, they view continuous residence more rigidly, and the 10-month trip may be considered to have broken the continuous residence even if you took a short trip to the US in the middle. However, because the trip is less than a year you may still have a reasonable chance. Longer than a year puts your case in a much worse situation.

If they do consider the 10-month trip to have broken continuous residence, you have to rebuild 4 years and 1 day of continuous residence to become eligible for citizenship. So that would be summer 2013, instead of March 2011 if you never took that long trip.
 
Jackolantern said:
If they do consider the 10-month trip to have broken continuous residence, you have to rebuild 4 years and 1 day of continuous residence to become eligible for citizenship. So that would be summer 2013, instead of March 2011 if you never took that long trip.
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Why 4 years and one day, not 5 years?

mdh
 
mdh3000 said:
Why 4 years and one day, not 5 years?
Click to expand...
That's the rule. Would you prefer to have to rebuild the 5 years from scratch?

Note that this won't allow people to get their green card in faster than 5 years since the green card approval. This is only for people who established residence before traveling on their long trip(s), and would have had 5 years continuous residence if they didn't go away for such a long time. It is reasonable to not make you have to redo the whole 5 years starting from nothing.
 
Last edited by a moderator:
Jackolantern said:
That's the rule. Would you prefer to have to rebuild the 5 years from scratch?

Note that this won't allow people to get their green card in faster than 5 years since the green card approval. This is only for people who established residence before traveling on their long trip(s), and would have had 5 years continuous residence if they didn't go away for such a long time. It is reasonable to not make you have to redo the whole 5 years starting from nothing.
Click to expand...

Interesting, I wasn't aware of that rule!

Thanks,
mdh
 
Jackolantern said:
That's the rule. Would you prefer to have to rebuild the 5 years from scratch?

Note that this won't allow people to get their green card in faster than 5 years since the green card approval. This is only for people who established residence before traveling on their long trip(s), and would have had 5 years continuous residence if they didn't go away for such a long time. It is reasonable to not make you have to redo the whole 5 years starting from nothing.
Click to expand...
Where did you find that rule?
 
You could try to file form N-470 - which will preserve your continuous residence in certain cases.

An absence from the United States for 1 year or more will break your “continuous residence.” You may keep your “continuous residence” if you have had at least 1 year of unbroken “continuous residence” since becoming a Permanent Resident and you get an approved N-470 before you have been out of the United States for 1 year.
 
Car Insurance details

Hi, i am really very sorry i don't have that much knowledge about green card. so its not possible for me to provide information regarding it. but i can help you if you want any information regarding car insurance. you click my signature to find solution for your problem( car insurance).
 
compiler said:
Will breaking “continuous residence” result in a loss of LPR status?
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Continuous residence for naturalization is stricter than continuous residence for maintaining the green card. People routinely take long and frequent trips outside the US and still hold on to their green card. It's at citizenship time when they run into problems.
 
Jackolantern said:
Continuous residence for naturalization is stricter than continuous residence for maintaining the green card. People routinely take long and frequent trips outside the US and still hold on to their green card. It's at citizenship time when they run into problems.
Click to expand...

What is the continuous residence for maintaining the green card? How long absence from the USA is breaking the continuous residence for maintaining the green card? Can anyone explain it?
 
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