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Maximum length of stay for Travel outside U.S using Green Card

#1 esimon

esimon

    Newbie

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  • Group: Members
  • Joined: 17 May 2009
  • Local Office: Dallas TX

Posted 09 July 2009 - 11:59 AM

Hi All.

I apologize first for posting this under the section "Traveling prior to getting a green card". I couldn't find a relevant section for posting this topic.

I have obtained my 10 year permanent resident card. I am planning to go to Europe for an extended length of stay that is less than a year. I am also planning to apply for citizenship in 2011 which will be the time I will be eligible. However, the requirements for travel outside U.S documentation is a bit confusing for me. I was wondering if anybody can help explain it. Below is the statement that I find a bit confusing.

"has been physically present in the United States for at least 30 months out of the previous five years (absences of more than six months but less than one year shall disrupt the applicant's continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period)
has resided within a state or district for at least three months"


http://www.uscis.gov...00045f3d6a1RCRD

My question regarding the above statement is:

1. If I stay outside the U.S for 5 months come back for 2 months and go outside the U.S again for 5 months everything within the same year will that be allowed under the above rule ?

Thanks!

Edited by esimon, 09 July 2009 - 12:01 PM.

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#2 ikarus

ikarus

    Senior Member

  • PipPipPipPipPip


Posted 10 July 2009 - 10:50 PM

Technically yes, but is up to the USCIS's discretion to grant or deny. About 5 years ago I had a friend that went through the naturalization process and she was working out of switzerland using her greencard and would come to the usa for 3 months, and then go back to switzerland for 4-5 months. The person doing the interview drilled her about it, but she still got her citizenship; so really, hard to tell you an answer because we won't be the ones approving or denying your case. Most likely it shouldn't be a problem, but we don't work for the USCIS cool.gif

Edited by ikarus, 10 July 2009 - 10:50 PM.

  • 0
AOS

2009-01-12===> Sent AOS packet via UPS
2009-01-13===> AOS packet received
2009-01-28===> NOA's received in the mail
2009-02-01===> Biometric appt received in the mail
2009-02-06===> Completed biometric appt thru walk-in
2009-02-06===> Applied for expedited AP thru the phone
2009-02-14===> Received AP in the mail
2009-02-11===> Case transferred to CSC
2009-02-23===> EAD received
2009-05-02===> Green card received in the mail, no interview done.

#3 esimon

esimon

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  • Joined: 17 May 2009
  • Local Office: Dallas TX

Posted 14 July 2009 - 02:06 PM

QUOTE (ikarus @ Jul 10 2009, 10:50 PM) <{POST_SNAPBACK}>
Technically yes, but is up to the USCIS's discretion to grant or deny. About 5 years ago I had a friend that went through the naturalization process and she was working out of switzerland using her greencard and would come to the usa for 3 months, and then go back to switzerland for 4-5 months. The person doing the interview drilled her about it, but she still got her citizenship; so really, hard to tell you an answer because we won't be the ones approving or denying your case. Most likely it shouldn't be a problem, but we don't work for the USCIS cool.gif


Thanks ikarus
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