Does travel outside the country count towards the 90days

P

Peter74

Registered Users (C)
I was permanent residence since 08/10/04, I was planning to apply for my citizenship.
I have travelled outside the country for 4 times. Each trip was less than 40 days and total days outside the country in this five year period is 105 days.

So by the 90 day rule, I can apply now (anytime after 5/10/09), How ever should I wait another 105 days before even applying ?

(Sorry if this question has been asked earlier, did a search and didn't see the answer).

Thanks
_pete
 
Peter74 said:
I was permanent residence since 08/10/04, I was planning to apply for my citizenship.
I have travelled outside the country for 4 times. Each trip was less than 40 days and total days outside the country in this five year period is 105 days.

So by the 90 day rule, I can apply now (anytime after 5/10/09), How ever should I wait another 105 days before even applying ?

(Sorry if this question has been asked earlier, did a search and didn't see the answer).

Thanks
_pete
Click to expand...

You don't need to include those shorter trips when calculating for the eligibility.

But your 5/10/09 assumption is wrong. It is not 3 months before 5th yr anniversary..it is "90 Days". That means you can NOT apply before 5/13/09. Just use this site to calculate number of days or just calculate it manually..it should be 90 calendar days from your 5th yr anniversary..it is better to apply 2 or 3 days after 5/13/09...

http://www.timeanddate.com/date/durationresult.html?m1=08&d1=10&y1=2009&m2=5&d2=13&y2=2009&ti=on
 
90 day rule

Hi Milk:

Can you please point me some references in the USCIS site with regard to this 90 day rule? My question is not regarding the 4 yr 9 months vs. 90 day before 5years.

I want to know where in the site it says it is ok to apply before the 5 year period. I dont see a mention of this at the citizenship application form (or even the instructions doc)

Thanks
Murali
 
jumbojumbo said:
Hi Milk:

Can you please point me some references in the USCIS site with regard to this 90 day rule? My question is not regarding the 4 yr 9 months vs. 90 day before 5years.

I want to know where in the site it says it is ok to apply before the 5 year period. I dont see a mention of this at the citizenship application form (or even the instructions doc)

Thanks
Murali
Click to expand...

It is clearly mentioned on the very first page for N-400 Instructions.

Look under " When Should I use Form N-400" . Second Paragraph.

http://www.uscis.gov/files/form/N-400ins.pdf
 
milk said:
You don't need to include those shorter trips when calculating for the eligibility.

But your 5/10/09 assumption is wrong. It is not 3 months before 5th yr anniversary..it is "90 Days". That means you can NOT apply before 5/13/09. Just use this site to calculate number of days or just calculate it manually..it should be 90 calendar days from your 5th yr anniversary..it is better to apply 2 or 3 days after 5/13/09...

http://www.timeanddate.com/date/durationresult.html?m1=08&d1=10&y1=2009&m2=5&d2=13&y2=2009&ti=on
Click to expand...


The n400 instruction and the uscis web site says 90 days, but the ACTUAL law says 3 months.....so to be on the safe side apply after 5/13

Guacho
 
3 months implies 90 days as USCIS considers 1 month to equal 30 days. Your short trips did not break continuous residency , so you are eligible to apply up to 90 days before your 5th anniversary as a LPR.
 
Hello! My husband has applied for citizenship already(he's in process). He had 4 trips outside the Us for almost 175 days each, one of them was for 1.5 mo. He never broke 0.5 year rule. He was a student in Ukraine so finally last June he got his masters and since July he didn't travel at all . If IO asks about so long trips, would it be a problem for him? Thank You
 
Konxvetka said:
Hello! My husband has applied for citizenship already(he's in process). He had 4 trips outside the Us for almost 175 days each, one of them was for 1.5 mo. He never broke 0.5 year rule. He was a student in Ukraine so finally last June he got his masters and since July he didn't travel at all . If IO asks about so long trips, would it be a problem for him? Thank You
Click to expand...
It could be a problem if the 175 day trips were back-to-back. They don't just look at whether each individual trip is under 6 months, they look at the entire pattern of travel.
 
Konxvetka said:
Hello! My husband has applied for citizenship already(he's in process). He had 4 trips outside the Us for almost 175 days each, one of them was for 1.5 mo. He never broke 0.5 year rule. He was a student in Ukraine so finally last June he got his masters and since July he didn't travel at all . If IO asks about so long trips, would it be a problem for him? Thank You
Click to expand...

4 trips of 1.5 months shouldn't be an issue.
 
Jackolantern said:
It could be a problem if the 175 day trips were back-to-back. They don't just look at whether each individual trip is under 6 months, they look at the entire pattern of travel.
Click to expand...

They were 4 trips of 1.5 moths each for a total of 175 days, not 4 trips of 175 each.
 
Sorry for not being clear. Thank You for answering
There were 4 trips:
1. for 5mo in 2004
2. for 5mo in 2005
3. for almost 6 mo in 2006
4. for 1.5 mo in 2008
Thank You
 
Konxvetka said:
Sorry for not being clear. Thank You for answering
There were 4 trips:
1. for 5mo in 2004
2. for 5mo in 2005
3. for almost 6 mo in 2006
4. for 1.5 mo in 2008
Thank You
Click to expand...
They are all under 6 months and they are not a series of back-to-back trips, so there should be no issues. Unless there is something else you're not explaining fully, like if the 5 months in 2005 and almost 6 months in 2006 was really a single 11 month trip that started in 2005 and crossed into 2006.
 
Last edited by a moderator:
Jackolantern said:
They are all under 6 months and they are not a series of back-to-back trips, so there should be no issues. Unless there is something else you're not explaining fully, like if the 5 months in 2005 and almost 6 months in 2006 was really a single 11 month trip that started in 2005 and crossed into 2006.
Click to expand...

Thank You. No, that trips were 2 different trips due to his exams and lectures. Should he explain, bring and show any proof like diploma to interview? I will list the dates just in case to feel safer because when he was applying I didn't even think about it.
Thank You
May 17 2004-came to Us as GC holder Oct 9 2004 left to Ukraine
March 10 2005 came back to Us August 8 2005 left to Ukraine
Jan 31 2006 came back to Us Sept 21 2006 left to Ukraine
Mar 17 came back to Us June 10 2008 left to Ukraine
July 31 2008 back to Us he's here now
 
Konxvetka said:
May 17 2004-came to Us as GC holder Oct 9 2004 left to Ukraine
March 10 2005 came back to Us August 8 2005 left to Ukraine
Jan 31 2006 came back to Us Sept 21 2006 left to Ukraine
Mar 17 came back to Us June 10 2008 left to Ukraine
July 31 2008 back to Us he's here now
Click to expand...
Good, those are each under 6 months and there are some months in the US in between the trips so he should be OK.
 
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