Help -- 6month abroad calculation

J

JohnL

Registered Users (C)
Can someone help me with this question:

If my wife needs to be abroad for more than 6 months, but it is across two calender year, ie, Nov 2002 to June 2003, will this be considered more than 6 months abroad or ?
How is this thing calculated?
And If my wife comes back in Feb, 2003 and then take another trip abroad soon within the same month, can she still stay outside US for <180 days and still eligible for citizenship?
She has a medical need to be abroad.

Thanks for any advice.
 
Thanks Joe, how about she comes back in Feb and then take another trip? Can she still be ok for <180 days for the second trip and still ok for citizenship? Or she only can stay out side for 4 months for the second trip? Since the first two months of Jan and Feb will also be counted?

Thanks,
 
Thanks Joe. I read the guide. I guess I was confused by "physical presence" and continuous presence".

"physical presence" requires me that my accumulated trips duration in total in 5 years cannot be greater than 30 months. and "conitunous presence" requires me do not stay longer than 180 days for a single trip. If my wife comes back in Feb and take another trip in the same month she is ok to stay out side US for another <180 days.
Please do correct me if my understanding is not right. And thanks again.
 
Joe, I am scared again. What is the 180 days then? Do you have any reference article I can read?

Thanks again.
 
JoeF,
I have seen you helping evryone.

I also have some doubt. I am sure you will be able to help.

I got my Gc in May 97. Went to india In July last week 1997 to complete my remainign Msaters degree. I took a re-entry permit.
I came back in June 1998 and since then I am living in US. Also I never used the permit and was aslo not asked to show while comign back. Therefore, I do not have any stamp or anything on my reentery permit.

I have applied for my citizenship in may of 2002. Counting 5 years from 1997. I had my Fp in august and now my interview is scheduled for march 26, 2003.

I am afraid if they deny my citizenship application at the time of my interview.

You have to come back within 6 months or 1 year. Please advise.

Thansk.
Ikazmi
 
Thanks Joef

In 1997 there was no such rule as 6 months. It was always a year. I was advised that if I come back in a year I will be able to maintain the continous residency. That's what my lawyer told me.

I do not have proof other than my college transcripts.

Actually I came to US on Immigration intent. My father was a citizen and he sponsored me.

I do not know what to tell them during the interview but I was told that If I was not eligible they would have not called me on the first place.

I am not sure.
 
JOEF,

Please read below:

Residence and Physical Presence

An applicant is eligible to file if, immediately preceding the filing of the application, he or she:

has been lawfully admitted for permanent residence (see preceding section);
has resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing with no single absence from the United States of more than one year;
has been physically present in the United States for at least 30 months out of the previous five years (absences of more than six months but less than one year shall disrupt the applicant's continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period)
has resided within a state or district for at least three months

I always find this section confusing. Is it 30 months, 6 months or 1 year requirement...........................

Thanks.
 
JoeF,
Thank you so much.

There are three different requirements:
- Physical presence: Out of the 5 years, you have to be present in the US for half the time, which is 30 months.

I am fine with this.

- Continuous residence: In these 5 years, you have to reside continuously in the US.
Single absences over 1 year always break the continuous residence.

I am fine with this.

Single absences over 6 months also break the continuous residence, unless you can show otherwise.

Problem here: I was out of country for 11 months and for a genuine reason but I do not know how to convince them. When I came to US I had completed 1 year of my MBA and I had to go back and finish the 2nd year. Is it a valid reason?

- Before filing the application, you have to reside for 3 months in the state where you file it.

I am fine with this.

Re-entry does not show that my intent was to come back and join my family back in US.

Please advise.....
 
ikazmi, i think you BROKE the continuous residency. it costs you 2 years or 1 year if you have reentry permit. what you should do is visiting US after 5 months while aboard schooling.

however, if you get some good lawyer and maybe he could save you. but does the lawyer fee worth 1 year waiting if you do not need citizenship urgently?
 
My lawyer said that even though I look the re-entry permit but I should tell them that I never used it.

I went thought couple of lawyers before applying and they all said that as long as I do not stay outside US for more than a year I should be O.K.

I was in the opinion that once they accepted my application and called me for FP and now for interview that means I am eligible for citizenship.

I am not sure if that is true?
 
Thanks JoeF,

I was so certain that I will get the citizenshp in March. I need it so badly.



let's see what my luck offers to me.

The link you have provided in your last response is not working.
 
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