Green Card - Absences away from US

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88lucky21

Member
Hi all, hoping someone can help me with the absence rule -- I know per USCIS it is under 6 months, or under 12 months (but could impact your naturalization). I was away last year for 3 months, before returning for 1 week, and then left again for what is now 3 months and 1 week.

How is the 6 month rule calculated? Is it 6 months per trip, or is it 6 months out of a calendar year, or is it 6 months out of a rolling year? I'm not sure how to calculate it and couldn't find any clear info.

Also as a note - prior to my trip last year, I had not left the US for 19 months (if that matters).
 
Time is always per trip. But many trips under 6 months each with most of the time spent outside the US can also draw scrutiny.
 
Thank you! In my case, do you think those trips could draw scrutiny? Sept - Nov 2024 away, back for a week, then away for almost 6 months for this trip? Previously, I have been away no longer than 3 months per year, and no more than once a year.

Also, does this mean if all trips are under 6 months, this should not affect naturalization? (I know it can be case by case, but in theory under the current guidelines).
 
88lucky21 said:
Thank you! In my case, do you think those trips could draw scrutiny? Sept - Nov 2024 away, back for a week, then away for almost 6 months for this trip? Previously, I have been away no longer than 3 months per year, and no more than once a year.

Also, does this mean if all trips are under 6 months, this should not affect naturalization? (I know it can be case by case, but in theory under the current guidelines).
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The way you describe it, probably not, but they could draw scrutiny the official thinks it looks like you were simply “touching down”. Same for naturalization. Make sure you have evidence of the ties you’ve maintained to the US during these periods and/or reasons why your absences were temporary. For some people depending who they get as CBP/interview officer it isn’t an issue and for others (and I speak from my own experience here) you may get questioned.
 
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