Continuous Residency 6 months (or is it 180 days) & Nat?

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catonj

Registered Users (C)
Continuous Residency 6 calendar months (or is it 180 days) & Nat?

Hi,

Here is my situation:
GC approved - 30 Apr 2002

Periods of travel abroad:
Trip 1 (21/Jun/02) - Out 22days, Stayed in 733 days
Trip 2 (15/Jul/04) - Out 160days, In 71 days
Trip 3 (2/Mar/05) - Out 183days, In 21 days
Trip 4 (21/Sep/05) - Out 145days, In 28 days
Trip 5 (12/Mar/06) - Out 173, stay continuously from Sep 1.

Trip 3,4 and 5 (partially) were under taken on work while on assignment to setup and train team outside US while working for a US company.

Understanding the future of this globalize world, I decided to work and gain experience in global practices and outsourcing business model.

I do maintain my bank accounts/ financial assets, pay up-to-date taxes, have a current DL (just changed to NJ DL) and maintain my car and possessions in the US. And am currently saving up to possibly purchase a home.

Questions:
- 1. 6 months definition, for continuous residency, is it 6 months calendar or 180 days. N400 specifically ask for trips over 180 days. On Trip 3 due to technical reasons I could not return before the 180 days. Does this reset the continuous residency clock? ( It appears I would be within 6 calander months but not within 180 days, the guide to N just says more than 6months)

- 2. Based on my trips listed above, I am more likely to be scrutinized in details about these trips, I should be able to prove genuine intent and nature of trips. Could people in similar situations (frequent trips abroad with a few close to 6 months) share their Nat experience, particularly the interview experience, please post your experiences?

Any thoughs and experience posts, appreciated. :)

Thanks.
 
Last edited by a moderator:
I was going through the USCIS website as my wife would be visiting India for 5months and 1 week. Here is what i found on USCIS website (http://www.uscis.gov/graphics/howdoi/PermRes.htm#maintain) :

International Travel
A Permanent Resident of the United States can travel freely outside of the US. A passport from the country of citizenship is normally all that is needed. To reenter the US a Permanent Resident normally needs to present the green card (Permanent Resident Card, Form I-551) for readmission. A reentry permit is needed for reentry for trips greater than one year but less than two years in duration.

You can find more information about travel documents from "How Do I Get a Travel Document?"

Maintaining Permanent Residence
Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

You may be found to have abandoned your permanent resident status if you:


Move to another country intending to live there permanently.
Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
Fail to file income tax returns while living outside of the US for any period.
Declare yourself a “nonimmigrant” on your tax returns.
 
It's 6 months not 180 days(prove me wrong)

here is the link
http://www.uscis.gov/graphics/services/natz/general.htm

read #3 under 'Residence and Physical Presence'

- has been physically present in the United States for at least 30 months out of the previous five years (absences of more than six months but less than one year shall disrupt the applicant's continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period)
 
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