Questoin about the continuous residence rule

Ddream

Registered Users (C)
Hello all,

In about 6 months it is gonna be 4 years and 9months after I got my LPR and I am planning to file my N-400 then. In the first 3.5 years, I stayed in the country most of the time except for brief trips for vacation purposes. I have long met the 30 month physical presence requirement . But since then, because of job requirement, I have been taking trips (1-2 months each time) outside of the country totaling less than 6 months a calendar year. I paid attention not to spend more than 6 months even cumulatively each year outside of the country. But I still have the following questions that have been puzzling me:

- I understand that any single trip abroad more than 6 months constitutes breaking the continuous residence. Does that mean one can take multiple trips abroad with each single one less than 6 months but the cumulative days abroad actually more than 6 month in a year? Still are multiple trips abroad in any year a cause for concern during interview?

- I have been puzzled by this for quite some time. My lawyer and several of my friends all advise us who are planning to apply for USC to spend less than 6 months cumulatively in each year prior to our application. As it seems the continuous residence rule or rules for maintaining LPR have more to do with a single trip abroad more than 6 months, why such advises? It seems there is quite a group of lawyers who make such advises. By the way, is the “year” mentioned in those rules calendar year or LPR anniversary year?

- Should I count the departing day and arrival day (the partial days) as days inside or outside of the country?

- This question is an extension to what I just discussed above. I will have to take another trip abroad for 3 months soon. This will make my days outside of the country 180 and days inside the country less than 180 this calendar year when I file my N-400 as I will file 3 months before the 5 yr LPR date. I will spend the rest of this year in the country to make sure that cumulatively, I spend more than half the year in the country. I wonder that fact that I will have more days abroad this year at the time of filing will be a problem.

Could you please advise and many thanks in advance!

Ddream
 
Thanks Voodoo!

Should I count the departing day and arrival day (the partial days) as days inside or outside of the country?

Thanks again.

Ddream
 
You have already made sure that you never stay outside the country more than 180 days in a calender year. Then why do you worry about the departure and arrival dates? Let me know why you are asking this question.
 
Ddream said:
Thanks Voodoo!

Should I count the departing day and arrival day (the partial days) as days inside or outside of the country?

Thanks again.

Ddream

partial days in US count as full day in US. however, I counted my partial days in US as outside of the county to be on the safe side.
 
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