Proof for maintaining LPR status after spending more than 6 months outside of US

[Lonesome Dove]

What is acceptable proof for maintaining LPR status after spending more than 6 months outside of US after becoming LPR?

I became LPR in March of 2002.

I left US in Oct 2003 and came back in April 2005.

So I have spent 1.5 years outside of US after becoming LPR. I did not own a house during that time. But I did maintain my credit cards and bank accounts in US. I also filed tax returns as a resident for 2003 and 2004.

I had applied for reentry permit for that time (2003 - 2005) and had received that. I already have tax return transcripts for last 5 years from IRS.


I have now applied ( August 2010) for citizenship and my interview is next month (October 2010).

Please advise.

 

[madh4]

What is acceptable proof for maintaining LPR status after spending more than 6 months outside of US after becoming LPR?

I became LPR in March of 2002.

I left US in Oct 2003 and came back in April 2005.

So I have spent 1.5 years outside of US after becoming LPR. I did not own a house during that time. But I did maintain my credit cards and bank accounts in US. I also filed tax returns as a resident for 2003 and 2004.

I had applied for reentry permit for that time (2003 - 2005) and had received that. I already have tax return transcripts for last 5 years from IRS.


I have now applied ( August 2010) for citizenship and my interview is next month (October 2010).

Please advise.

As you went on a re-entry permit there should be no problem. Further you have filed Tax return for 2003 and 2004. Please take the tax return transcripts for those years too for your interview.
USCIS is more concerned with the last 5 years. As you have not mentioned any problem with continuous stay and physical residence in the last 5 years, your will get your citizenship in the normal course.

 

[Jackolantern]

That long trip ended more than 5 years before you applied for citizenship, so it will not affect your naturalization process and you don't need to bring any proof of ties to the US during that trip.

 

[Llokumi_NY]

A friend of mine was at the same situation but he took 2 trips longer than 6 months during his 5 years as LPR and last week he was at interview but the Officer said to him we need prove that you didn't brake your LPR residency and physical residency. At the time of interview he provided Lease / Checks paid to landlord, credit cards, bills and letter from employer saying why he was overseas for a long period of time. The Officer said to him we need 120 days max. to take a decision on your case so it's pending...I don't know what will happen to him. If someone has this experience please advise.

Thank you.

 

[Al Southner]

A friend of mine was at the same situation but he took 2 trips longer than 6 months during his 5 years as LPR and last week he was at interview but the Officer said to him we need prove that you didn't brake your LPR residency and physical residency. At the time of interview he provided Lease / Checks paid to landlord, credit cards, bills and letter from employer saying why he was overseas for a long period of time. The Officer said to him we need 120 days max. to take a decision on your case so it's pending...I don't know what will happen to him. If someone has this experience please advise.

Thank you.

Well, you can't worry about what is happening to your friend. The IO working on his case might have had a colonoscopy a day or two prior to your friend's interview, and chose to examine your friend's own colon for lollypops. Just apply and hope your IO isn't in a foul mood, because they can really nail your azz when they are really mad those IO. Plus you even said it yourself, your friend took two 6 months trips, so why are you making his troubles your own concern? As I said, unless you are certain you will have the same officer, this time coming from prostrate exam, don't apply and remain concerned.

Yes, USCIS can use 120 days to render a decision, also known as torturing a raccoon. However, after 120 days, your friend will have legal recourse in the from of 1447 (b) to force USCIS to make a decision or the judge will render one for your friend. USCIS will either approve or deny the case.

 

[vandeluca]

That long trip ended more than 5 years before you applied for citizenship, so it will not affect your naturalization process and you don't need to bring any proof of ties to the US during that trip.

Does the long trip matter WHEN in terms of the application as long as you are meeting the days requirement/continuous that USCIS needs?

Also when applying for citizenship in the 90 days prior to the 3years (IF married)...do you need to have already met the physical presence at that 90 day mark or is it ok as long as the phys presence will have been met by the 3 year anniversary? Sorry I must have missed this explanation before..tx/

 

[Jackolantern]

Does the long trip matter WHEN in terms of the application as long as you are meeting the days requirement/continuous that USCIS needs?

For the continuous presence and physical residence requirements, they don't look back any more than 5 years before the application was filed. So long trips over 5 years ago don't matter*.

Also when applying for citizenship in the 90 days prior to the 3years (IF married)...do you need to have already met the physical presence at that 90 day mark or is it ok as long as the phys presence will have been met by the 3 year anniversary?

You must have fully met the physical presence requirement on the day you apply, whether you are applying within that 90 day window or later. Days inside or outside the US after you apply do not count positively or negatively towards the physical presence requirement (but can still affect the continuous residence).


*although there is a small possibility that a really long trip before the 5 year window could raise issues and discrepancies with respect to the validity of your green card ... for example, if you had a trip more than 2 years long with no reentry permit and no SB-1 visa they might have to investigate what was really going on and how you got to keep your green card ... did you lie at the border to enter the US after that trip, etc.