Continuous residency requirement

[qazxsw]

Guys,

Please see below the quote.

"Alien who breaks his continuity of residence for more than one year. If an alien fulfills the following, his absence of more than one year from the U.S. or break of continuity of U.S. residence will be excused.

Alien must be physically present and residing in the U.S. for an uninterrupted period of at least one year prior to the absence."

My question is "Does physical presence of one year prior to basence is immediately before the absence or one year any time after the permanent residency?"

I know this is a very specialized question but I believe we have a group of knowlwdgebvlae people in the forum.

Thanks,

qazxsw

 

[qazxsw]

Any opinions???

 

[cutyl]

hey

qaz,

where did you find this quote? i too am very interested in it, because if what it implies is true, it has ramifications for me.... le me know and i'll see if i can help you...

cheers,
mike

 

[TheRealCanadian]

What you're quoting are some (but not all) of the requirements needed in order to file an N-470. If some of you are getting excited that by merely remaining in the US for one calendar year after getting your Green Card you can leave for over six months to a year without breaking the continuous residency requirements, don't get your hopes up.

 

[qazxsw]

RealCanadian,

there are many more requirements and those are clear to me except the one I quoted from www.hooyou.com/naturalization/requirements.html.

Do you have an anwer?

 

[tigerwaiting]

staying out for 1 to 2 months per year

Real canadian,

What if an individual goes to india every year and stays out of the country for maybe 1 to 2 months or even 3 months, not to exceed 6 months, would that delay filing citizenship?

 

[tigerwaiting]

Real canadian,

What if an individual goes to india every year and stays out of the country for maybe 1 to 2 months or even 3 months, not to exceed 6 months, would that delay filing citizenship?

anybody, somebody, please reply.
thanks.

 

[ohioperm]

anybody, somebody, please reply.
thanks.

As fas as I know you can apply to citizenship after 5 years of getting the green card and you have to be present in the US for 2,5 consecutive years. So all those times that you are out of the country will be deducted when they are counting the days that you were present in the US.

 

[Superstring]

Real canadian,

What if an individual goes to india every year and stays out of the country for maybe 1 to 2 months or even 3 months, not to exceed 6 months, would that delay filing citizenship?

Your question is a bit confusing, since there are so many things that are affecting filing citzenship.

(1) If you are ONLY absent 1-2 months/year from USA, "mechanically" it would work in terms of continuos residency and physical presence requirements for citizenship.

(2) But, CR and PP are much more than mechanics!!!!

(3) You need to have REAL residence in US, pay taxes, demonstrate that this is your place of abode, dwelling etc. Playing games with USCIS on this issue will get you in trouble sooner or later.

(4) Keep in mind that residence is not where you INTEND to live, but where you ACTUALLY live. All major court decision have supported this claim, and USCIS is firm on this rule.

(5) Certainly, you need to make sure that you are fullfilling other requirements. You can find them in Guide to Naturalization.

Good luck!

P.S.: I'm not a lawyer or expert. I'm just an ordinary guy. You are soley responsible for your actions.

 

[equate]

RealCanadian,

there are many more requirements and those are clear to me except the one I quoted from www.hooyou.com/naturalization/requirements.html.

Do you have an anwer?

realcanadian is right. That just lists the requirements for filing N-470 for the purpose of preserving the eligibilty for the citizenship application.