Maintaining GC status (5 years) for citizenship

[GCcomesoon]

Hi

I got my GC approved in April-2008. Due to some personal circumstances I plan to leave US for good in next 1 year. That means I will be in US physically for 30-32 months by Feb-March next year.I was on vacation for 1 month last year.

I understand that the rule says one has to be in the country 30 months physically, which means one can keep coming to the country every 6 months for few days in other 30 months. This way that person becomes eligible for citizenship after 5 years (60 months), I know folks who are doing it but haven’t applied for citizenship yet. So not sure about the whole thing

Has anyone done this or can anyone confirm this rule? We all have earned our GC’s thru lot of hardships. All these efforts will go waste if we loose this privilege.

I would appreciate any inputs.

Thanks
GCcomesoon

 

[Bobsmyth]

You have to have at least 30 months of physical presence and 5 years of continuous residency. If you plan of leaving US for good next year you will break the continuous residency requirement.

 

[GCcomesoon]

I plan to keep coming to US every 6 months. I also will regularly file my taxes every year. I will maintain my bank accounts in the US including IRA.I will also keep my credit cards active in this period.

If I’m doing all this, how do I break the continuous residency requirement?

Thanks
GCcomesoon

 

[Bobsmyth]

I plan to keep coming to US every 6 months. I also will regularly file my taxes every year. I will maintain my bank accounts in the US including IRA.I will also keep my credit cards active in this period.

If I’m doing all this, how do I break the continuous residency requirement?

Thanks
GCcomesoon

Simply maintaining bank , IRA , and credit card accounts and returning every 6 months is not enough. You must also maintain a primary abode in the US.

Your statement of "I plan to leave the US for good" demonstrates you have no intention of maintaining the required residency ties.

 

[olddude]

Probably widespread misbelief among immigrant community that coming back every 6 months for few days/weeks would preserve LPR status. The 6 months rule is to determine in which country you will be treated as resident. Most if not all countries have 181 day rule to determine whether an individual be treated as resident of that country/state (for tax purposes, etc). 181 days in a calendar year. If you plan to work for an American company when you got o your native country, probably you can get relief from continuous residency requirement through N-470. otherwise, you are exposed to risks at port of entry and/or at the time of filing for naturalization benefit. One way to mitigate port of entry risk is to file for reentry permit (which will reset clock to 0 years). Of course, best plan is to duke it out another 2 years in US and apply for citizenship. I understand everyone has circumstances that force them to think outside the box but, Unfortunately, eating cake and having it too does not work.

 

[guju]

The IO who will interview will see the trend of you are out of the country most of the time and that coming back every 6 months and so will disqualify you on continuous residence requirements. Even after a while, the IO at the port where you enter US will say the same (give you a warning couple of times and then mostly likely deny you entry into US if the trend continues).

 

[GungaDin]

I plan to keep coming to US every 6 months. I also will regularly file my taxes every year. I will maintain my bank accounts in the US including IRA.I will also keep my credit cards active in this period.

If I’m doing all this, how do I break the continuous residency requirement?

Thanks
GCcomesoon

Actually, which of the above makes you a resident? None. Anyone with a social security number (resident or not) and a valid visa can do all of the above.

You're confusing 'Proof of Residence' with 'Residence' - they are not the same. Often, one exists without the other.

Besides, how are you planning on claiming continuous residence while not actually 'residing continuously' in the US?

 

[GungaDin]

Probably widespread misbelief among immigrant community that coming back every 6 months for few days/weeks would preserve LPR status. The 6 months rule is to determine in which country you will be treated as resident. Most if not all countries have 181 day rule to determine whether an individual be treated as resident of that country/state (for tax purposes, etc). 181 days in a calendar year. If you plan to work for an American company when you got o your native country, probably you can get relief from continuous residency requirement through N-470. otherwise, you are exposed to risks at port of entry and/or at the time of filing for naturalization benefit. One way to mitigate port of entry risk is to file for reentry permit (which will reset clock to 0 years). Of course, best plan is to duke it out another 2 years in US and apply for citizenship. I understand everyone has circumstances that force them to think outside the box but, Unfortunately, eating cake and having it too does not work.

I think USCIS should just change this 6-month rule to say 'If you're out more than 6 months in any 12 month period the burden is on the applicant to prove that they did not abandon US residence'

 

[GungaDin]

Hi

I got my GC approved in April-2008. Due to some personal circumstances I plan to leave US for good in next 1 year. That means I will be in US physically for 30-32 months by Feb-March next year.I was on vacation for 1 month last year.

I understand that the rule says one has to be in the country 30 months physically, which means one can keep coming to the country every 6 months for few days in other 30 months. This way that person becomes eligible for citizenship after 5 years (60 months), I know folks who are doing it but haven’t applied for citizenship yet. So not sure about the whole thing

Has anyone done this or can anyone confirm this rule? We all have earned our GC’s thru lot of hardships. All these efforts will go waste if we loose this privilege.

I would appreciate any inputs.

Thanks
GCcomesoon

Tell your friends that they are going to have trouble with their Citizenship applications. Multiple back-to-back multi-month trips to the same country are probably going to put their Green Cards in jeopardy as USCIS will determine that as a person has been in the US for only lets say 40-50 days out of the previous year (or whatever duration - totally up to the immigrtion offcer's discretion), they have effectively abandoned residence.

I'm making multiple posts here because we'd rather not hear from a 'GC_revoked' user 2 years from now lamenting that their GC was revoked even though they've been diligently following the '6-month rule'.

 

[GCcomesoon]

Hi

As I mentioned earlier, I will be in the country for more than 30 months physically , which satisfies the 30 month rule. When I say I'm going for good , I meant temporarily I will be out of US for some time.By maintaining bank accounts, 401K IRA accounts I can say that I intend to maintain my resident status.

During the last 30 months , I can come every 6 months or may be I will come for 3 times in a year.
If I happen to apply for Return perm then I believe that the clock starts again to count for 5 years when I come back & actually start residing in the country.

I agree that at port of entry , the officer might ask me questions for leaving the country every few months. If one can give proper reason with documentation , then I feel that this is the way out to get your citizenship with out actually living in the country for all 60 months. Its not guaranteed but this might work

Please comment

Thanks
GCcomesoon

 

[Jackolantern]

Hi

As I mentioned earlier, I will be in the country for more than 30 months physically , which satisfies the 30 month rule.

But that is not good enough. There is also a continuous residence requirement, which can be broken by spending a single trip outside the US for 6 months or more, or multiple back-to-back trips of under 6 months each.

Note that continuous residence for naturalization is a different standard from the residence requirement to maintain the green card. The first is evaluated in the citizenship interview, while the second is evaluated at the port of entry and is less strict.

 

[Jackolantern]

One way to mitigate port of entry risk is to file for reentry permit (which will reset clock to 0 years).

Obtaining a reentry permit does not reset anything. People who obtain a reentry permit generally have the intention to stay outside the US for more than a year, but it is not the permit that causes the problem with continuous residence for naturalization purposes, it is the act of spending a year outside the US.

 

[olddude]

That is true. if reentry permit is used to stay out of US for more than 6 months, clock would reset to 0.

 

[Bobsmyth]

During the last 30 months , I can come every 6 months or may be I will come for 3 times in a year.
If I happen to apply for Return perm then I believe that the clock starts again to count for 5 years when I come back & actually start residing in the country.

Back and forth trips of just under 6 months will presume break in continuous residency requirement for which you do not have sufficient evidence to overcome. Maintaining bank accounts and paying taxes is not sufficient. Again, you must maintain a primary abode in the US.

 

[Bobsmyth]

That is true. if reentry permit is used to stay out of US for more than 6 months, clock would reset to 0.

A rentry permit is used to preserve premanent residency for trips over 1 year, not to preserve continuous residency for naturalization purposes.

 

[tobias2801]

From my recent interview experience I can confirm that a) having a re-entry permit does not preserve anything (I had 2 7-month trips and they were seen as breaking my residence) and that b) you will have to prove that you have have your primary abode in the US. For me, the IO did not accept tax returns, retirement account statements, etc. He wanted to see phone bills, car insurance, recent bank records showing residence activity in the US. I was able to provide those for the required period and was approved. The IO in my case did not look for a pattern in my travel (I had a bunch of back to back to back trips including the 2 7-month trips) but he verified the number of days outside of the US and the fact that I basically stopped traveling in early 2007 (had two foreign trips of 1 week each in 2007-2008).

 

[Al Southner]

Try living outside the country and coming back and forth for 6 months, USCIS is going to place a burden on you that you meet all the eligibility requirements. So, all these advise you are receiving here should act as a guide on what is going to be required. Remember it is best to stick it out inside the country and apply for citizenship and get approved, pack-up and head home if that's your cup of tea. However, what you are proposing is going to bite you in the butt...

 

[GCcomesoon]

Hi

Thanks everyone for all the guidance. I understand that one has have primary residence in the US to apply for citizenship. I have one more question here.What if one has residence in his name, car, insurance papers, phone & electricity on his name ? Will that help ?This all can be managed but it would clear about the 6 months back & forth trips outside the country. I believe that would threaten the Green card itself , though I read its very unlikely to revoke your GC at port of entry

Remember that this individual has been residing in US for last 10-12 year, out of which more then 2.5 years on GC.

I see conflicting thoughts on re-entry permit ? Does it reset the clock or the period is counted towards your residence ?

Thanks
GCcomesoon

 

[GungaDin]

Hi

Thanks everyone for all the guidance. I understand that one has have primary residence in the US to apply for citizenship. I have one more question here.What if one has residence in his name, car, insurance papers, phone & electricity on his name ? Will that help ?This all can be managed but it would clear about the 6 months back & forth trips outside the country. I believe that would threaten the Green card itself , though I read its very unlikely to revoke your GC at port of entry

Remember that this individual has been residing in US for last 10-12 year, out of which more then 2.5 years on GC.

I see conflicting thoughts on re-entry permit ? Does it reset the clock or the period is counted towards your residence ?

Thanks
GCcomesoon

No, one does not need primary residence. One needs CONTINUOUS residence.

the 6 month rule is for the Green Card - not citizenship.

 

[Bobsmyth]

No, one does not need primary residence. One needs CONTINUOUS residence.

Proof of continuous residency is based in part on keeping a primary abode in the US, so one does need to maintain a primary residence in the US in order to preserve continuous residency for naturalization purposes.

the 6 month rule is for the Green Card - not citizenship.

Trips between 6 and 12 months presume break in continuous residency for citizenship process.