DV-PHARAOH
Registered Users (C)
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Following the Law
- Thread starter DV-PHARAOH
- Start date
TheRealCanadian
Volunteer Moderator
There are no hidden laws - the law states that your absences would have broken continuous residence, and you need to wait five years after your latest re-entry to be eligible.
sanjoseaug20
Registered Users (C)
There are no hidden laws ... only broadly clear and slightly ambiguous ones.
When looking at residency, they look at 2 aspects.
A) Physical Presence. This is mainly that you should reside for 1/2 the duration in US. You indicate you will meet this. This is very black and white except there might be discrepancies if you are really close to the numbers game ... depends on the way CIS counts the days of travel, ideally they should credit you either the inbound or the outbound travel day, sometimes they don't.
B) Continuous residence. This is mostly clear but has more grey areas and you have to go by the intent. This requires you to not make any long trips, and if you do, show residential ties to US during your absence. If the IO is not convinced on this aspect, you need to wait 4+ years to become eligible for naturalization. It is a long topic ... search existing threads on this topic.
You are likely to be scrutinized for your first 2.5 years, although it depends on the IO. If scrutinized, your multiple trips are likely to be considered a single long trip, although again it depends on the IO.
When looking at residency, they look at 2 aspects.
A) Physical Presence. This is mainly that you should reside for 1/2 the duration in US. You indicate you will meet this. This is very black and white except there might be discrepancies if you are really close to the numbers game ... depends on the way CIS counts the days of travel, ideally they should credit you either the inbound or the outbound travel day, sometimes they don't.
B) Continuous residence. This is mostly clear but has more grey areas and you have to go by the intent. This requires you to not make any long trips, and if you do, show residential ties to US during your absence. If the IO is not convinced on this aspect, you need to wait 4+ years to become eligible for naturalization. It is a long topic ... search existing threads on this topic.
You are likely to be scrutinized for your first 2.5 years, although it depends on the IO. If scrutinized, your multiple trips are likely to be considered a single long trip, although again it depends on the IO.
Jackolantern
Registered Users (C)
How much time did you spend outside the US in those first 2.5 years? Less than a month per year? If during the 5 years before applying for citizenship you have a 2.5 year stretch in which you spent more than 90% of the time outside the US, it's unlikely that you'll be approved, unless you have proof of very strong ties to the US during that time, such as leasing or owning a home while away, and having your spouse and children remain in the US during that time.
Did you work abroad during those 2.5 years? If yes, that's another factor adding to your chances of denial.
Did you work abroad during those 2.5 years? If yes, that's another factor adding to your chances of denial.
I know some people who lied and got their citizenship even if they spent like you most of the time outside the USA ..you spent few weeks at the time every 6 moths in the USA so every CALENDAR year you spent about a month in the USA .(if I understand correctly what you wrote above)....now you will live in the US next 2 1/2 years without leaving the country ..well IN those first 2 1/2 years you already broke continuous residency requirement so that's is your main concern .
this is the deal .when you get to the citizenship "phase" you have to got to local immigration office AND THEY GONNA GIVE you a FORM to fill where there is a CLEAR QUESTION REGARDING YOUR ABSENCE FROM THE USA ..
HERE IT GOES (VERBATIM)
"DID YOU SPENT MORE THEN 6 MONTHS IN EACH CALENDAR (IN THE LAST 5 YEARS )YEAR OUTSIDE THE USA ?"
and that's the problem you have ..first 2 years you have more days outside the US then inside ..now its your decision .;either you postpone your quest for the citizenship
for another 2 1/2 YEARS or LIE to them and see how much luck you have ..
this is the deal .when you get to the citizenship "phase" you have to got to local immigration office AND THEY GONNA GIVE you a FORM to fill where there is a CLEAR QUESTION REGARDING YOUR ABSENCE FROM THE USA ..
HERE IT GOES (VERBATIM)
"DID YOU SPENT MORE THEN 6 MONTHS IN EACH CALENDAR (IN THE LAST 5 YEARS )YEAR OUTSIDE THE USA ?"
and that's the problem you have ..first 2 years you have more days outside the US then inside ..now its your decision .;either you postpone your quest for the citizenship
for another 2 1/2 YEARS or LIE to them and see how much luck you have ..
sanjoseaug20
Registered Users (C)
Well, of course lying works, until it does not and causes bigger issues.
recently I noticed there is a trend where PR are refusing to aplay for the citizenship thinking about going back to their countries so by avoiding to become citizens they don't pay taxes or avoid paying back various loans they took from banks or credit card charges ..put it simple ..they take money and run away..some greek guy i worked for took about 700 000 dollars in loans in the name of his company ..and took off to europe ..thats happening more and more ..there is a feeling like cashing out and leaving sinking ship