Continuous residence requirement

I

iramanuscis

Registered Users (C)
My family and myself just got GC in May 10 2011. Due to an medical reasons, my wife and two daughters left US on June 10 2011 and my daughters continuing schooling in India. But i am planning to bring them back before June 10 2012 till the naturalization.
So to keep the continuous presence eligibility i would like to bring them in before 180 days i.e. before Dec 10 2011 for a short visit and then sent them back immdly so that they dont miss schooling in India.

Is there any minimum requirement of stay in US when they visit in Nov/Dec 2011 ?

Thank You and appreciate your help.
 
Having them leave the US so soon after obtaining GC can be seen by USCIS that they never formally established residency. Also, having your daughters go to school in India instead of the US is a red flag. There's no magic number of days in the US between consecutive trips of just under 6 months that will preserve continuous residency. For USCIS, the entire situation can appear suspicious if not indicative of an intent to not establish residency in the first place.
 
Back to back trip is a red flag. But it is better than being away for more than 180 days. In my opinion in 2016, when your children apply for USC , this back to back trip will not be of great concern. If they otherwise qualify this absence is likely to be overlooked. It is worth taking the risk. Return within 180 days for a short stay.
 
Back to back trip is a red flag ... agree with above feedback, but want to add ... they are coming in December which is a holiday period. Try to extend their stay in US to the max. 1 week stay in US is better than a 3 day stay, and a 3 week stay is better than a 1 week stay. Stretch to the max.
 
Thanks everyone for your comments. she will be back-to-back only this Dec, next year before the 180 days, i.e, once her exam is over in April 2012, i might bring her in for the permanent stay. also the reason for sending them is not for her schooling, its for my wife to take care of her aged parents for a while.
Thanks again..
 
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