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How long away from US
- Thread starter karachi
- Start date
namecheckvictim
Registered Users (C)
The safe period is 6 months.
There are two requirements for naturalization that involve time spent in US:My mom will be eligible to apply for citizenship soon. Currently she is out of the US. How long can she stay out of the US contineusly with out lossing her time spend in US after green card.
1) Physical presence
2) Continuous residence
She must have accumulated 30 months of physical presence in US as a LPR in last 5 years as well as maintain continuous residence all the way up to the oath.
Continuous residence is presumed broken for trips over 6 months but less than 12 months outside US.
Thanks Bobsmyth. So can she stay for more than 6 months or not? Is that mean if she stay more than 6 months she will have to start 5 year again to get continuous residence? or she can spend 9 or 10 month and will have no effect on the continuous residence?
Why would she want to naturalize if she wants to live back home? It makes no sense.
http://www.us-immigration.com/n400/start.do
As per this site if trip is less than 12 month (one trip) its okay.
As per this site if trip is less than 12 month (one trip) its okay.
Nothing is easy in this world. look at the following:
Absences from the United States of more than six (6) months, but less than one (1) year will interrupt continuous residence, unless the lawful permanent resident can demonstrate that he did not abandon his lawful residency in the United States. Hence, an absence of one (1) year or more may break the continuity of residency, forcing the lawful permanent resident to begin a new five year accrual period.
Why don't they just say stay of more then 6 months break the continuous residency. Why are they saying stay between 6 to 12 months break the residency.
Can any one explain?
Absences from the United States of more than six (6) months, but less than one (1) year will interrupt continuous residence, unless the lawful permanent resident can demonstrate that he did not abandon his lawful residency in the United States. Hence, an absence of one (1) year or more may break the continuity of residency, forcing the lawful permanent resident to begin a new five year accrual period.
Why don't they just say stay of more then 6 months break the continuous residency. Why are they saying stay between 6 to 12 months break the residency.
Can any one explain?
http://www.us-immigration.com/n400/start.do
As per this site if trip is less than 12 month (one trip) its okay.
If a trip is over 12 months in length, then a green card alone is not sufficient for reentering the U.S., and a reentry permit (or a returning resident visa) is required. For a trip below 12 months in length a GC is sufficient documentation for reentry, but you may still be denied entry and your GC may be taken away if it is determined that you have abandoned your GC status. The same can (and eventually will) happen after several extended trips if they notice that you are spending most of your time abroad and are not actually residing in the U.S.
There is a separate issue in terms of the effect of extended trips on eligibility for naturalization (even in cases where such trips do not result in revoking the GC and abandonment of the GC status). A trip over 12 months is essentially always (except if you had an approved N-470) breaks the continuous residency requirement and resets the eligibility clock for naturalization. A trip between 6 and 12 months is presumed to break continuous residency, although it may be possible to overcome this presumption.
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Why don't they just say stay of more then 6 months break the continuous residency.
Because for a trip between 6 and 12 months in length it is possible to overcome the presumption that it broke the continuous residency if you convince the IO that it did not. To overcome such a presumption you'd have to prove to the IO that the trip was strictly temporary in nature and that you kept close ties to the U.S. during the trip (e.g. owned a house in the U.S., had a job from which you have taken temporary leave and to which you subsequently returned, had your family remain back in the U.S., etc).
A trip over 12 months always breaks continuous residency, regardless of circumstances, except if you had approved form N-470.
Thanks Bobsmyth. So can she stay for more than 6 months or not? Is that mean if she stay more than 6 months she will have to start 5 year again to get continuous residence? or she can spend 9 or 10 month and will have no effect on the continuous residence?
Whether she can stay more than 6 months but less than 12 depends on her ability to prove sufficient US residency ties during that time. Proof includes maintaining a primary abode in the US, immediate family in US, US bank account, US utilities..etc..
Not true. An applicant can leave the country after applying, but must return to the US for biometrics. In other words, there are no restrictions to leave the country before appearing for biometrics.The Lawful Permanent Resident must appear for a biometrics appointment before he or she can leave the country.