Physical presence

Semi-conc'nt 04 said:
One trip was 31 days, and all others 3 weeks or under. So, 10 trips (in 5 yrs.) won't be a problem, right?
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The number of trips can be an issue even if they are under 180 days. Several back to back trips of just under 180 days can be seen as a sign of intent to abandon US residential ties.
Your 10 small trips aren't something that would bring into question intent of US residential ties abandonment.
 
nope Bobsmyth, I do not agree. As long as physical residency is ok, you can travel the way you want if it is under 180 days.
 
GCman2005 said:
nope Bobsmyth, I do not agree. As long as physical residency is ok, you can travel the way you want if it is under 180 days.
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There have been several posters who have reported in the past that they were asked to produce evidence of continuous residency for multiple trips of just under 180 days. If you're convinced that you're safe if you're outside the US for 175 days, return for a week and then leave again for 175 days I bid you best of luck.
 
GCman2005 said:
nope Bobsmyth, I do not agree. As long as physical residency is ok, you can travel the way you want if it is under 180 days.
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Very wrong. People here have been denied even though each individual trip was under 180 days. The 6 month rule is not the be-all and end-all of continuous residence; you can be denied even though each trip was less than 6 months, or approved even if one or more trips were more than 6 months. They look at the entire pattern of travel and your other evidence of ties (or lack thereof) to the US, they don't only look at whether each trip is under 6 months.
 
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Jackolantern said:
Very wrong. People here have been denied even though each individual trip was under 180 days. The 6 month rule is not the be-all and end-all of continuous residence; you can be denied even though each trip was less than 6 months, or approved even if one or more trips were more than 6 months. They look at the entire pattern of travel and your other evidence of ties (or lack thereof) to the US, they don't only look at whether each trip is under 6 months.
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Yep I third this. It's up to the IO and if he feels you broke you didn't maintain your ties, you can be denied.

For expample, someone who takes a new job after filing their N-400 to work back in their old country for the foreign government. They 'move' there (while keeping a home in the US thinking it will satisfy the residency requirements), they work for a month and fly back for a few days for the FP, fly back to the job, come back for the interview.

In the interview, the IO sees the latest travel and just asks a simple and common question: "So what was the purpose of your last trip?"

You answer truthfully "For work". The IO then will probe into the work, find out even though you've only been gone a month, that you have taken a permenant job working for a foreign company (in this case worse, government). Denial. You are now showing intent that you are not maintaining US residency and could very well have your Green Card revoked as well.

People have been denied for things just like this without ever being out of the country for that long...
 
What does the law says ?
In a five year period, stay 2.5 years and if you travel do not stay more than 180 days.
 
GCman2005 said:
What does the law says ?
In a five year period, stay 2.5 years and if you travel do not stay more than 180 days.
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It's not as simple as that. 2.5 years of physical presence is correct, but you need 5 years of continuous residence and the "continuous residence" does not have a simple objective definition. They do say that a trip of 6 months or more creates a presumption of breaking continuous residence, but there is nothing in the law that says keeping each trip under 6 months is a guarantee of maintaining continuous residence.
 
GCman2005 said:
What does the law says ?
In a five year period, stay 2.5 years and if you travel do not stay more than 180 days.
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And it's exactly this type of argument that lands people in trouble thinking they can travel all they want as long as it's under 180 days at a time and not more than 2.5 years total.

USCIS has interpreted multiple trips just under 180 outside the US (along with other supporting factors) to deny applicants in the past. I'm sure the BIA has upheld this view as well since the determination of residential ties for naturalization continues to be evaluated from a subjective stand point based on all the evidence of a case.
 
To err on the side of caution, should I reconsider any future trips?

Bobsmyth said:
And it's exactly this type of argument that lands people in trouble thinking they can travel all they want as long as it's under 180 days at a time and not more than 2.5 years total.

USCIS has interpreted multiple trips just under 180 outside the US (along with other supporting factors) to deny applicants in the past. I'm sure the BIA has upheld this view as well since the determination of residential ties for naturalization continues to be evaluated from a subjective stand point based on all the evidence of a case.
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Thanks, BobSymth.

Here is some info.
May 2008: 3 weeks (to home country)
Dec. 2008 31 days (to Australia)
Feb. 2009 3 weeks (to home country)
July 2009 3 weeks (to Australia)

Am I @ risk - should I consider giving up on future trips until turning in my N-400 at the end of July?
 
Confused to travel

I filed my N-400 just a week back planning to travel to India to visit parents for a week, is it OK to travel??

Any Suggestions???
 
Couldn't agree more with Bob and Jack. To those who are due for interview be careful. In the interview the IO will check those trips and if there is a "pattern" of circumventing the guidelines by taking back-to-back trips under 6 months you'll have a helluva time convincing the IO that you did not intend to abandon. It's a loophole in the rules that these IOs are trained to spot. Talking from my own recent experience, I took 10 trips in the space of 4.5 years, no trip over 3 months. The IO checked one by one all the in & out stamp dates on my pp corresponding to entries on the N400. He said he wanted to make sure I didn't do any "consecutive" trips, and he even noted a trip that was outside the statutory period and wrote it down on my N400. He then said that he needed to have copies of all the pages of my passports which I already had with me, and he added those to the A file. He said it was good he had all the documentation so that his recommendation of approval could be accepted by the supervisor, or something to that effect. The point is, be on the safe side don't risk getting denied because you think you are not breaking the rules. Be careful with those trips. Okay, some people might have had a lucky break with these situations, but no two IOs are the same.
 
I have been in an out many time, but never more 180 days for work purposes and family issues. My plan is to come back and stay for 2.5 years and apply for citizenship. I am hoping it will work out.
 
Caramuru, what does "consecutive" in your msg. mean?

Caramuru said:
Couldn't agree more with Bob and Jack. To those who are due for interview be careful. In the interview the IO will check those trips and if there is a "pattern" of circumventing the guidelines by taking back-to-back trips under 6 months you'll have a helluva time convincing the IO that you did not intend to abandon. It's a loophole in the rules that these IOs are trained to spot. Talking from my own recent experience, I took 10 trips in the space of 4.5 years, no trip over 3 months. The IO checked one by one all the in & out stamp dates on my pp corresponding to entries on the N400. He said he wanted to make sure I didn't do any "consecutive" trips, and he even noted a trip that was outside the statutory period and wrote it down on my N400. He then said that he needed to have copies of all the pages of my passports which I already had with me, and he added those to the A file. He said it was good he had all the documentation so that his recommendation of approval could be accepted by the supervisor, or something to that effect. The point is, be on the safe side don't risk getting denied because you think you are not breaking the rules. Be careful with those trips. Okay, some people might have had a lucky break with these situations, but no two IOs are the same.
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Did you take a look at my timelines - foresee any risk for me?

Thanks.
 
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I couldn't agree more with Bob and Jack. I think many shouldn't take the under-6-month-rule trip so literally, and what some fail to realize is that the IO will look at the bigger picture. Some have been approved for staying out of the US more than 6 months on one single trip, because they had solid reasons to (i.e. job assignments for US company etc.) while others had three 5-month trips to "visit" their family and their application was denied.

A few weeks ago, someone on this forum told about how she was denied because her husband lived abroad, and she would visit him, always making sure that her trips were under 6 months. The IO told her that a visit should last 1/2 months but not five months. Like Caramu said, if there is a pattern of back-to-back trips, you'll have a hard time convincing the IO that you still live in the US. Good luck to whomever wants to take that risk, at the end of the day you are free to do whatever you think is best for you.

To Semi-conc'nt 04: I don't think you should worry about those short trips. All in all, you've been out of the US around 100 days.
 
Semi-conc'nt 04 said:
Thanks, BobSymth.

Here is some info.
May 2008: 3 weeks (to home country)
Dec. 2008 31 days (to Australia)
Feb. 2009 3 weeks (to home country)
July 2009 3 weeks (to Australia)

Am I @ risk - should I consider giving up on future trips until turning in my N-400 at the end of July?
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IMO, that's not a pattern of travel that would raise suspicion of abandonment of residency ties.
 
vm1214 said:
I filed my N-400 just a week back planning to travel to India to visit parents for a week, is it OK to travel??

Any Suggestions???
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Yes, a week of travel is fine. The discussion here refers to multiple trips of just under 180 days.
 
Semi-conc'nt 04 said:
Did you take a look at my timelines - foresee any risk for me?

Thanks.
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You are fine so far Semi... don't worry, just be prepared to explain the reason for your trips, if ever you're asked.

Consecutive trips loosely mean a series of back-to-back or frequent trips of say less than 6 months duration which would arouse the suspicion of the IO that you are up to something not kosher outside the US, like taking up a job with non American company or running a business. Of course, the IO will take into account your personal profile. Say, if you are of working age and in your employment data there are gaps of employment in the US and you are disappearing very often, what do you think this implies? The IO will ask you to explain and provide documentary evidence of not breaking residence which would delay decision on your application, etc. or even get disapproved especially if he doesn't like you for whatever reason and he feels that you're trying to outsmart the system.
 
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