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Quick and Simple Question: The 6 months
- Thread starter mero
- Start date
Mr Vertigo
Registered Users (C)
6 continuous months.
Jackolantern
Registered Users (C)
Being away for 6 continuous months puts you in potential trouble, especially regarding citizenship. But multiple trips close together of under 6 months each can also be a problem.
Similar 6 month question!
Since the OP's question has been answered I thought I'd ask a similar question, without starting a new thread.
So, what happens if you were out of the country for exactly six months (both departure and arrival dates included) on a GC? Meaning, you were gone from Jan 1 through July 1? What side of the fence do you fall under from citizenship eligibility perspective?
Are you still safe from the 6 month limit at a stretch or your eligibility clock gets reset?
Thoughts?
Since the OP's question has been answered I thought I'd ask a similar question, without starting a new thread.
So, what happens if you were out of the country for exactly six months (both departure and arrival dates included) on a GC? Meaning, you were gone from Jan 1 through July 1? What side of the fence do you fall under from citizenship eligibility perspective?
Are you still safe from the 6 month limit at a stretch or your eligibility clock gets reset?
Thoughts?
Jackolantern
Registered Users (C)
Exactly six months is enough to put you in trouble. The Guide to Naturalization repeatedly refers to "6 months or longer", and the N-400 has a column that asks "Did trip last six months or more?".So, what happens if you were out of the country for exactly six months (both departure and arrival dates included) on a GC? Meaning, you were gone from Jan 1 through July 1? What side of the fence do you fall under from citizenship eligibility perspective?
harvydonald
Registered Users (C)
Exactly six months is enough to put you in trouble. The Guide to Naturalization repeatedly refers to "6 months or longer", and the N-400 has a column that asks "Did trip last six months or more?".
Trouble from only N400 eligiblity perspective. You won't have problems getting back into the country.
Trouble from only N400 eligiblity perspective. You won't have problems getting back into the country.
6 months or more (to less than one year; 364 days or 365 days every year with number dividable by 4) will change your admision title from GC admitted to US to GC seeking admission. You may be in trouble getting in depending on many variables: pattern of travel, ties to US .......etc. For example, If this is your first time coming back to US after 7 months overseas trip, with family, home and job in US, your chance for your seeking admission to be granted is99%. If this is your 6th time coming back after 5.99 months with previous 5 trips every one for ~ 5.9 months and you stayed 4 days in US in hotel or with friend after each admission with no family and no job in US, the chance for admission will drop to 2%. (All those percents are personal opinions with no reference or logic behind). My point is; GC for permanent residence in US and overseas trips are the excetions (not the reverse)
mmed: How do you see my chances ...
Don't wanna stay 10-11 months outside due to that title "admission seeker". So I'm making one short stay in the U.S. after 5 months. Then leaving or another 4-5 months and coming back for good.
Do I have less or equal chances to be admitted back in comparison being 10 months away continually?
Don't wanna stay 10-11 months outside due to that title "admission seeker". So I'm making one short stay in the U.S. after 5 months. Then leaving or another 4-5 months and coming back for good.
Do I have less or equal chances to be admitted back in comparison being 10 months away continually?
And this indeed could pose a problem. However, is it true that USCIS will check through the system to verify exactly the dates you "actually" left and returned as opposed to what you tell them?
For eg, if they rely on passport stamps (which sometimes don't get stamped) then we have unreliable information, and sometimes passports expire and are lost/stolen etc. Now when the GC is swiped, obviously it creates an arrival record, but no departure record at least on the GC, so of course there is some grey area.
If one were to fudge the departure date by one day, so making the whole trip six months minus one, what kinds of cross-checking, verification etc. should I expect USCIS to run at the time of N400 application?
Personally, I think exact six months should not be a problem, but this is USCIS we are talking about. Is it worth checking with an attorney if my clock is already reset or if I can continue proceeding with the premise that I will be N400 eligible when the time comes?
To some other posters, I am not concerned at all about re-admission into the US at the end of six months, since I am already admitted, this question is strictly from the perspective of N400 eligibility.
For eg, if they rely on passport stamps (which sometimes don't get stamped) then we have unreliable information, and sometimes passports expire and are lost/stolen etc. Now when the GC is swiped, obviously it creates an arrival record, but no departure record at least on the GC, so of course there is some grey area.
If one were to fudge the departure date by one day, so making the whole trip six months minus one, what kinds of cross-checking, verification etc. should I expect USCIS to run at the time of N400 application?
Personally, I think exact six months should not be a problem, but this is USCIS we are talking about. Is it worth checking with an attorney if my clock is already reset or if I can continue proceeding with the premise that I will be N400 eligible when the time comes?
To some other posters, I am not concerned at all about re-admission into the US at the end of six months, since I am already admitted, this question is strictly from the perspective of N400 eligibility.
Exactly six months is enough to put you in trouble. The Guide to Naturalization repeatedly refers to "6 months or longer", and the N-400 has a column that asks "Did trip last six months or more?".
Jackolantern
Registered Users (C)
If your application is such that your trips make it apparent that you broke continuous residence or came close to doing so, or are close to failing the physical presence requirement, you may get a "decision cannot be made" at the interview, then they will spend some time over the next few days or weeks to double-check whatever they can find about your travels in their databases.If one were to fudge the departure date by one day, so making the whole trip six months minus one, what kinds of cross-checking, verification etc. should I expect USCIS to run at the time of N400 application?
A trip of 6 months or more but less than a year doesn't automatically reset your clock. It just creates the presumption that you have broken continuous residence, with the burden of proof on you to show otherwise.Personally, I think exact six months should not be a problem, but this is USCIS we are talking about. Is it worth checking with an attorney if my clock is already reset or if I can continue proceeding with the premise that I will be N400 eligible when the time comes?
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mmed: How do you see my chances ...
Don't wanna stay 10-11 months outside due to that title "admission seeker". So I'm making one short stay in the U.S. after 5 months. Then leaving or another 4-5 months and coming back for good.
Do I have less or equal chances to be admitted back in comparison being 10 months away continually?
My opinion is you have high chance because this will be your second trip and coming for stay for sure with supporting documents. With this economic crisis, if any and new administration in US the prediction is difficult and I think new regulations will be implemented to create more chances for the real residents.
if they rely on passport stamps (which sometimes don't get stamped) then we have unreliable information, and sometimes passports expire and are lost/stolen etc. .
The stamps are something reflecting what is in the departure and arrival security system for your record. The presence of the stamp or its absence from the passport will not prove or deny the trip, respectively. As you said, the passport may be lost, renewed, burned ......etc but what is in the system suppose to be there forever, unless a major disaster happened. At the time of naturalization you will list all your travels (date of departure and arrival) and it is your responsibility to provide the accurate data to the best of your knowledge. Matching what you provide to what is in the system is the responsibility of the US system and I do not think their source of confirmation, if they want to, will be old stamps (almost unreadable) in our passports.