mainaning residency

[Lalala2701]

Hi

1.Is it true that during the first 2 yrs of u as a pr u have more freedom outside stay? meaning they will be more considering if u make long stays as long as they dont exceed 1 yr?

2.if they think u come and go to frequently, is it true that they will usually give u a warning first before revoking ur gc on the spot?


3.is it true that they are more considerate at jfk rather that newark?

4.i understand u cant stay outside the us for over a year? but what is the 6 months period for?

sorry if my qstns r unclear

 

[sanjoseaug20]

#1. Legally, you can not say that you have more freedom in the first 2 years. But it might actually be true. Think of 5 years later - you have two people. Person X has been staying outside US 6 months a year for all 5 years ... let's say total time out did not exceed 2 years. Person Y stayed out for 2 years and then 3 years in US. Both have same time in US, and same time outside. Now you can say the 4 year + 1 rule might come into the picture, but let's ignore that for a moment. Person Y might be able to justify his or her case better because it is hard to question his / her last 3 years and the intentions of staying in US. All things being equal, it looks much much better. You can also explain away as some personal issues in the past which are now taken care.

Now whether the IO takes the same opinion or not is a different matter.

#2. They usually give warning first - true, but at that time you do not have the luxury of taking one more trip without sorting it out with an immigration judge. So you life out and come back to US for a 1 week trip, and get a warning. There is very little chance you can leave in 1 week if you want to maintain GC.

#3. JFK - EWR. No idea. It depends more on the officer, and the computers.

#4. 6 months is when the clock starts ticking in terms of investigating your residency ... during N400 evaluation. A trip here or there may be forgiven, but not a pattern. Also, they might see multiple repeated trips of 4-5 months also at par with a 6 month trip. However, it again depends on the IO whether he/she goes by the book and looks only at trips longer, or catches the pattern and looks at that.

 

[Lalala2701]

hey, thnx for the quick reply.
what i meant to ask was if u thought at the poe they might be more "forgiving" if u go out for longer trips if ure within your first 2 yrs