Continuous Residency requirement.

H

hysamir

Registered Users (C)
I got my greencard in Dec 2006. I was out of USA couple times which was more than six months. I have to go for my study purpose. While going out of USA, I got travel document where my trip was more than six months but less than one year.

I was dependent to my parents and my parents were living in USA since Dec 2006. I am their dependent during these years.

Let me know if this still be okay for continuous residency requirements.

below are the timiline for your reference.

thanks

in bound us out bound from usa time in usa time out side usa
12/15/2006 1/12/2007 28 238
9/7/2007 9/17/2007 10 167
3/2/2008 3/8/2008 6 176
8/31/2008 9/12/2008 12 322
7/31/2009 4/10/2011 618 57
6/6/2011 12/12/2011 189 42
1/23/2012
 
Well, I was a student and traveled abroad a lot too. One difference was I never stayed out for more than 6 months at a time, so I came back for summer and winter break for as many days as I could. You have 2 trips that go way past the 6 month mark. Also, you don't have enough physical presence for now, so you need to wait for that. Do you have a need to leave the US anytime soon?

It's difficult to say how your interview will go. My first interviewer was really difficult and rude, and who know if I would have been denied or not, because there was no decision for 120 days and I sued them and finally settled out of court, so that could have been why they caused less trouble the second time I was interviewed.

If you have a lot of supporting documents (car registration, letter from parents and their tax returns, etc.) and you can afford to possibly lose the filing fee if you are denied, you can apply and claim you never broke continuous residence. If not, and if there's no hurry for you to get citizenship, then wait for some time.
 
hysamir said:
I got my greencard in Dec 2006. I was out of USA couple times which was more than six months. I have to go for my study purpose. While going out of USA, I got travel document where my trip was more than six months but less than one year.

I was dependent to my parents and my parents were living in USA since Dec 2006. I am their dependent during these years.

Let me know if this still be okay for continuous residency requirements.

below are the timiline for your reference.

thanks

in bound us out bound from usa time in usa time out side usa
12/15/2006 1/12/2007 28 238
9/7/2007 9/17/2007 10 167
3/2/2008 3/8/2008 6 176
8/31/2008 9/12/2008 12 322
7/31/2009 4/10/2011 618 57
6/6/2011 12/12/2011 189 42
1/23/2012
Click to expand...

As on date you do not have physical presence of 913 days in the last 5 years. If you do not plan any visit abroad you would achieve necessary physical presence by end of April. But you would be at the mercy of IO, you application may or may not get approved.

To play it safe, my advice would be to apply under 4 year 1day rule. Apply after 8/1/2013 ie 4 year 1day after your return on 7/31/2009.
 
madh4 said:
To play it safe, my advice would be to apply under 4 year 1day rule. Apply after 8/1/2013 ie 4 year 1day after your return on 7/31/2009.
Click to expand...
Even that is not safe. He didn't spend 360 days in US before 2009 trip. I would apply after full 5 years after that 2009 trip.
 
thank you guys for the reply.

I am planning to file for citizenship around july/august time.

Main reason for me to file citizenship is that, i can file for greencard for my wife as earliest possible.

@cafeconleche have you chose any lawyer or you done suing by yourself?

thanks
 
I sued them myself based on advice on this forum and the court clerk, who was quite helpful and friendly. Go ahead and apply, and try to get as much documentation as possible.
 
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