Huge Physical Presence Worry

D

DiscoChap

New Member
As of today, 06/19/2013, I have spent 951 days outside the US.
Details:
01/16/2009 - 05/13/2009 - 116
08/23/2009 - 08/28/2009 - 4
09/17/2009 - 12/29/2009 - 102
03/06/2010 - 08/26/2010 - 172
09/10/2010 - 03/13/2011 - 183
07/01/2011 - 09/16/2011 - 76
11/07/2011 - 02/06/2012 - 90
04/03/2012 - 09/11/2012 - 160
04/13/2013 - 05/28/2013 - 48
Total = 951 (38 days short of the required 913)

I applied without knowledge of the 913 day rule and got denied. Now I am confused as to whether I have to wait till July 2014 to apply or if I only need wait until I make up the 38 days. How does the law apply in my case? All responses are much appreciated.
 
TheRealCanadian said:
I expect that the 3/10-3/11 trips broke continuous residence - I would apply 4 years + 1 day after 03/13/11.
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Thanks for your response. When I was denied, I was denied on the basis of me not having up to the required 913 days. I have a reason for staying over 6 months in the 3/10 - 3/11 period, which I explained during my interview.
 
Still, even though they chose to deny you for the physical presence, you never know if they would have approved you even after your explanation for why you were out for so long. Had your physical presence been in order, you might have known. Of course, they could approve you, so if you can afford to take the chance, go for it once you have enough physical presence.
 
DiscoChap said:
I applied without knowledge of the 913 day rule and got denied. Now I am confused as to whether I have to wait till July 2014 to apply or if I only need wait until I make up the 38 days.
Click to expand...

You only need to wait until you make up the 38 days, but it's not as simple as waiting 38 days; you have to wait until approx. March 2014 due to the sliding 5-year window.

But if you apply in 2014 you may be denied for breaking continuous residence.
 
Last edited by a moderator:
DiscoChap said:
As of today, 06/19/2013, I have spent 951 days outside the US.
Details:
01/16/2009 - 05/13/2009 - 116
08/23/2009 - 08/28/2009 - 4
09/17/2009 - 12/29/2009 - 102
03/06/2010 - 08/26/2010 - 172
09/10/2010 - 03/13/2011 - 183
07/01/2011 - 09/16/2011 - 76
11/07/2011 - 02/06/2012 - 90
04/03/2012 - 09/11/2012 - 160
04/13/2013 - 05/28/2013 - 48
Total = 951 (38 days short of the required 913)

I applied without knowledge of the 913 day rule and got denied. Now I am confused as to whether I have to wait till July 2014 to apply or if I only need wait until I make up the 38 days. How does the law apply in my case? All responses are much appreciated.
Click to expand...

Let us assume you do not venture out of US after 05/28/2013. Every day you add in USA, is not going to increase your physical presence in the last 5 years. It is going to knock out one day you were in US in 2008. Net net days present in US is same. The first day gets knocks out in 01/17/2014. Likewise you would make up for 38 days by end of Feb2014.

If you want to reapply stay put in US till Mar2014, no visits abroad. The 4year + 1 day rule does not reduce physical presence. Still 913 days stay required in last 5 years.
 
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