Continuous residence requirements for citizenship

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citizen2b2b

Registered Users (C)
I have been in USA continuously for the past 30 months after I got Green Card. I planned to go home country for 6 month and then come back for a couple of months and then go home again for 6 month. Basically I plan to spend most of my next 60 months in my home country but come back to US every 5 months or so to make sure I never stay abroad for more than 6 months. Will my stategy work?
 
This pattern of back and forth travel just under 6 month has been interpreted in past cases as a break in continuous residency.
 
citizen2b2b said:
Basically I plan to spend most of my next 60 months in my home country but ...
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That by itself will get you denied based on failing to meet the physical presence requirement. You need to spend 30 months physically in the US out of the last 60 months right before applying for citizenship.
 
Well, I have been in USA in the past 30 months, and plan to file for citizenship after next 30 months. Due to family reason, I need to go home country a lot. So I plan to do the following:

Tota 60 months leading to citizenship application:

0-30: lived and studied in US

31-36: live in home country
36-37: in USA to finish some business
37-43: home country
43 beyond: maybe in USA or repeat the pattern of 31- 43.

So I will have at least 30 months out of 60 in USA. And no trip overseas for more than 6 months. Will that work.
 
My question was how long have you had your GC..not how long have you lived in US. Is it correct to assume you've had GC for 30 months?
 
You have to meet the 30/60 physical presence requirement not just when you apply but also continuing up until the time of oath. Given your schedule that seems dicey.

Also, you'll be disclosing your travel dates. Unless the officer interviewing you is completely out of it, he/she is going to ask you where you live now. Given the travel pattern you're going to have to prove you've maintained continuous residency (not just physical presence) for the past 5 years. No employment abroad (or else work for a US company and file a N-470 - which would solve your problems), pay US taxes as a resident (on Form 1040/A), continue to own a house in the US, have utility bills in your name in the US, have family staying in the US, etc.

Even if you have all the evidence, since you'll be applying while you're in the middle of flying back and forth, the officer could go either way. May very well find that you've broken continuous residency by stringing your 5 month absences together and tell you to reapply after you've moved back. (The evidence presented would at least prove that you have not abandoned your GC.) If you're short on evidence of continuous residency, I think your chances are slim to none and you'll get rejected.

If you'll be working for a US company while abroad, look into getting a N-470. Otherwise, if you're not going to be maintaining the indicia of continuous residency, may be safer to not apply and just get a reentry permit to at least make sure your GC isn't taken away for abandonment. Good luck.
 
sh1996 said:
You have to meet the 30/60 physical presence requirement not just when you apply but also continuing up until the time of oath.
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8 CFR 316.2 (a)(4) states:

"Has been physically present in the United States for at least 30 months of the five years preceding the date of filing the application"
 
Sorry guys, I am just confused. I have already lived in US after GC for 30 months. I am just going to spend a lot time abroad for the next 30 months before applying for citizenship. I didn't break the 30/60 rules?
 
According to 8 CFR 316.2 (a)(4) and 8 CFR 1427(a)(1), you must have 30 months of physical presence in US as an LPR before you apply (you've had GC and physical presence for 30 months, and are eligible to apply in 30 months based on 5 year plan ). Some on this board argue that the physical presence requirement is up until the oath, but I disagree. According to 8 CFR 316 and 8 CFR 1427(a), only the continual residence requirement is required up until oath date. However, an application can still be denied based on insufficient evidence of US residential ties up until oath date,thereby making such a denial appear that it was due to not meeting physical presence up until oath rather than continual residence up until oath. Also, the evidence needed to prove physical presence and continuous residence is basically the same, thus adding to the confusion.

If you plan to spend a lot of time abroad during the next 30 months, technically you'll still have at least 30 months of physical presence in US. However, a back and forth travel pattern of trips just under 6 months will raise red flags at the interview and you'll most likely be asked to provide evidence of your US residential ties for the entire statutory period. In the end, the IO still has the discretionary power to rule that you did not have sufficient US residential ties during the statutory period based on all the evidence presented, and not solely on interpretation of 8 CFR 316 and 8 CFR 1427(a).
 
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Bobsmyth said:
According to 8 CFR 316.2 (a)(4) and 8 CFR 1427(a)(1), you must have 30 months of physical presence in US as an LPR before you apply (you've had GC and physical presence for 30 months, and are eligible to apply in 30 months based on 5 year plan ). Some on this board argue that the physical presence requirement is up until the oath, but I disagree. According to 8 CFR 316 and 8 CFR 1427(a), only the continual residence requirement is required up until oath date.
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Good to know. I always thought both physical presense and continuous residency were rolling requirements since USCIS requires you to update them on your travel dates (absences outside the country) at the interview and oath.
 
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