continuous residence
1. i have been in USA for the last 3 years with short trip of 1 week and that give more than 30 months stay requirement
2. i never crossed 180days limit for every trip...my highest days trip was for 4 months
3.I have rental evidence that i have been in USA for the last 3.5 years and paying taxes every year
4.I will be staying another 2 years continuously without a break till i get USCitizenship.
Since In India it will be summer from March to June...I just want to go again to india for 2 more months in Jan/Feb for 45 to 60days, since i just came 15days back...will this cause any issue for my reentry?, because i just spent 4 months in india and returned 15days back...?..please advice.
You will have been in the U.S. for how long from last return to next exit? 6 weeks???
If that next one is the last one for a long time and up through naturalization as you mention then it should not be a problem. You might get a warning about excessive travel but that will be meant as an expression of "Customer Service" in providing important information that you need.
Your post is a bit muddled. You say you only had a 1 week trip then you say you had a 4 month trip and then you say you will remain in U.S. for the next two years but are asking about a planned 2 month trip after just returning from a 4 month trip 2 weeks ago.
You are confusing four different eligibility factors prerequisite to naturalization.
Obtaining lawful permanent resident status**. [Late detected immigrant visa fraud and initiation of Removal Proceedings is a terrible result for the unfortunate few who fall into that category who make the mistake of applying for naturalization.---That's not you. Google for Pedro and/or Salvacion Servano.]
Maintaining a greencard. [Don't do anything to have it taken away and
don't, effectively by your actions,
abandon status. Don't blow this with long trips OR excessive absence in the aggregate OR illegal acts.]
Continuous Residence. In the 5 (or 3) years IMMEDIATELY PRECEEDING the filing of an N-400, you must have actually lived in the U.S. to such an extent that you can be an effective new citizen. This requirement has certain quatitative elements but overall, it
is a qualitative eligibility factor. Don't blow this one with long trips. This requirement must be maintained all the way through taking the Oath. This eligibility factor was the first one codified in law in the Naturalization Act of 1790, which required 2 solid years living in the U.S. in order to apply for naturalization. Also, the original process required one to first file a Declaration of Intention before actually being examined in a naturalization proceeding. The petitioner was required to produce witnesses from within the community to vouch for them on matters of residence, financial resources and worthiness and character. IF one does break this requirement, a remedy exists at 8 CFR 316.5(c)(1)(ii) which covers a break as described in either (i) or (ii) of that section.
Physical Presence. This is strictly a quantitative measure of time in the aggregate which
is calculated counting backward from the filing date of the N-400. The proper filing date is the date on which USCIS accepts the completed form with correct fee. An unsigned N-400 will be rejected. An N-400 without correct fee (or an APPROVED fee waiver application) will be rejected. A bounced check will cause the previously accepted N-400's filing date to change and USCIS may attempt to redeposit the check up to 2 times. IF the check finally gets cashed that is the controlling date (new filing date). IF the check ends up being no good, the N-400 gets rejected. Don't believe for a NY second that you can "put in your time" by counting forward from your greencard date and then travel whenever, wherever, without consequence. This is a mistake many people make. Once you file the N-400, stop counting, it too late to change it. If you ever get denied over this, you just have to wait it out. If you should file early and then figure out that you made a mistake, you can withdraw the first one and apply again when eligible. You don't have to wait for a denial. (NO REFUNDS for mistakes and an N-336 "Appeal" can't do any good).
**When to File the N-400. There is an early filing ability provided in INA 334(a) that lets you file 3 months early of reaching the completed 5 or 3 years AS AN LPR.
INA 334 Application for naturalization; declaration of intention (Substitute Secretary of Homeland Security for Attorney General)
(a) Evidence and form
An applicant for naturalization shall make and file with the
Attorney General a sworn application in writing, signed by the applicant
in the applicant's own handwriting if physically able to write, which
application shall be on a form prescribed by the Attorney General and
shall include averments of all facts which in the opinion of the
Attorney General may be material to the applicant's naturalization, and
required to be proved under this subchapter.
In the case of an applicant
subject to a requirement of continuous residence under section 316(a)
or 319(a) of this title, the application for naturalization may be
filed up to 3 months before the date the applicant would first otherwise
meet such continuous residence requirement.
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INA 316(a) defines the 5 years as an LPR requirement. INA 319(a) defines the 3 years as an LPR requirement. This refers to the "continuous lawful permanent residence/resident status" even though it says "continuous residence" don't be confused about which one it REALLY refers to. INA 334(a) only applies to this sinlge requirement to have had the greencard long enough,
ONE MUST BE ELIGIBLE IN ALL OTHER RESPECTS ON THE FILING DATE OF THE N-400.
Examples:
GMC-- you have two shoplifting infractions, both are CIMT's but they are minor so the first one meets an exception and happened before you got a greencard, the second one was less than 5 (or 3) years ago. The second one is in your "statutory period" and prohibits a finding of good moral character for naturalization. CAN"T APPLY EARLY.
GMC--was an active communist party member with benefits from active participation. This is a 10 year bar to N-400 filing. HOWEVER, it is not a bar to naturalization if one was a member of the communist party only because it was obligatory (no choice) OR was necessary in order to obtain employment, food, clothing and shelter or other basic necessities (mnedical care, heat, electricity, running water, toilet paper--ration coupons) OR it was an adjunct organization required as a student, a decision over which the LPR had no choice because (s)he was a minor.
For adults (no longer a minor) who
join a student communist organization or the adult communist party
in order to obtain perks and priviledges including, "hiring preferences and unqualified job advancements beyond basic employment for which one is fully qualified on their merits of education and work experience" and financial gains associated with it, advanced degrees, scholarships and stipends, the bar will usually apply.
3 rules of 3 years for an N-400 based on marriage to a USC--
1.) Married for 3 full years on the filing date of the N-400--NO EARLY FILING.
2.) Spouse has been a USC for a full 3 years on the filing date of the N-400--NO EARLY FILING.
3.) Has had LPR status for a full 3 years--EARLY FILING ALLOWED, can file N-400 after 2 years, 9 months and 1 day with LPR status (Resident Since: date on card).
I hope this is useful to you and others.
