help needed
- Thread starter raosaab
- Start date
Should not be a problem unless those 6 trips are clustered back to back.
You can and you should assume it is OK until nobody other than the IO tell you otherwise.
WBH,
What happen is the trips are back to back?
I have a friend, GC holder, who went to his native country for 5 months, then came back to USA for 3 weeks, then he went back to his country again and came back to USA after another 5 months. He is going to stay here in the USA now.
The IO at the port of entrance told him that he stayed so long and now the 5 years to become US citizen has to start from zero. Is that true?
solid_traveling
Registered Users (C)
i believe that as long as ur friend hasnt filed taxes claiming himself as a non resident, and can prove +vly that his sole intention is to live in america and the trip was temporary, and prove his ties at the time of his absence.his clock doesnt reset. burden the IO with proof demonstrating the best of interests for him, and when he meets the phsycial presence and his continous residence, he would be good to go... be prepared to tackle the IO and to answer his questions.
(Unfortunately) Probably Yes... If your friend is single, didn't have a job during that time frame and quit their apartment etc during that time, its going to be tough to prove that they didn't break continuous residence. However, if they are married with children, the rest of the family was in the US and they were taking care of a sick parent in the other country during that time, then they have a good case to show that they did not break continuous residence.
(BTW, the 'family in the US' doesn't extend to siblings, parents etc only to spouse and children.)
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There are a couple of bits to understand about 'residence':
1. You must establish residence - if you didn't, then the clock doesn't start. I.e. if you landed here on a GC, stayed 2 weeks at your cousin's place and then left the US, the IO can decide that you didn't establish residence during that first trip.
2. You must maintain residence - if you quit your job and apartment and take off to another country its hard to prove that you remained a resident of the US. (Filing taxes as a resident just means that you didn't willingly relinquish your residency).
So if OP wants to fight this, the burden of proving this is on them.
To be safe, people should really read the '6-month rule' as: If you're out of the country for more than 6 months in any 12 month period, your continuous presence may be called into question.
cant he give it a shot and try to convince the IO, with all the proof he can gather that is in his favor to show that he has maintained his ties and not abandoned residency and his stay abroad was temporary thing. i think its worth a shot. if he is denied, its just a matter of $675.00
i guess he should try now, be well prepared, and have all the proof he can get that supports his case
" So if OP wants to fight this, the burden of proving this is on them."
keep us all posted
i guess he should try now, be well prepared, and have all the proof he can get that supports his case
" So if OP wants to fight this, the burden of proving this is on them."
keep us all posted
cant he give it a shot and try to convince the IO, with all the proof he can gather that is in his favor to show that he has maintained his ties and not abandoned residency and his stay abroad was temporary thing. i think its worth a shot. if he is denied, its just a matter of $675.00
i guess he should try now, be well prepared, and have all the proof he can get that supports his case
" So if OP wants to fight this, the burden of proving this is on them."
keep us all posted
Absolutely. Other than the Application fee, a denial will not make the situation any worse.
good luck .. and keep us posted.....
Thanks all for your replies. I forgot to mention that he is a graduate student in an American university and he was in his country doing research. He continued being paid by the university through a scholarship. He is divorced but his mail still arrives to his ex-wife apartment. Thanks again, CL.
solid_traveling
Registered Users (C)
as he was a student in an american, as long as he can show that his research demanded that he was wherever he was, he should be fine. its best for him to secure a ReEntry permit
Thanks Sreeleshk, I do not think he can use for N-470 since he already did the trips and the form is for people that is planning to. Also, he was not absent for more than a year. He stayed out of USA for 5 months, then came back to USA for 3 weeks, then he went back to his country again and came back to USA after another 5 months. He is here now and is not planning to make more trips.