Number of Days Outside of the US

[KBU 0]

Hi,

1)I had to travel a lot because of my education, and I would like to know if the number of days spent outside of the US is greater than the number of days spent in the US will be considered as a reason to deny the Citizenship Application, even if the Permanent Resident meets all the requirements defined by the USCIS?

2)what if I make a mistake in the dates of the trips when I left the US, because they didn't stamp my Passport when I left the US and I don't remember the exact dates of my departures.

Thanks a lot.

KBU

[YuAndDan 153]

1) Physical presences needs to be more than 30 months in past 5 years, or 18 months in past 3 if married to a US Citizen. Also any period longer than 6 months will reset the presence to zero. You say out of country greater than number in country, then this would add up to MORE than 18 or 30 months out of the country and would disqualify you.

http://www.uscis.gov/files/article/chapter4.pdf

2) you should keep a dairy, however, USCIS can pull these records from the POE to confirm what you enter on the form.

[KBU 0]

1) Physical presences needs to be more than 30 months in past 5 years, or 18 months in past 3 if married to a US Citizen. Also any period longer than 6 months will reset the presence to zero. You say out of country greater than number in country, then this would add up to MORE than 18 or 30 months out of the country and would disqualify you.

http://www.uscis.gov/files/article/chapter4.pdf

2) you should keep a dairy, however, USCIS can pull these records from the POE to confirm what you enter on the form.

Thank you for your answer.

1)Do you mean with 6 months, if the person stayed for CONTINUOUS 6 months out of the US or for example if the total of months out of the country in one year is equal to 6 months?

2)I will be applying as a spouse(married for 7 years) of a US Citizen, do I have to prove the 18 months in 3 years, or it doesn't matter if I can prove it in more than 3 years?

3)I also have another question concerning working overseas for a US company:

Am I allowed to work overseas for a US company as a PR? I read that if you can come to the US in less than 6 months you don't need a reentry permit and you will keep your continuous residency, but some people said if you are doing these trips very often the TSA-Agent may ask for a reentry-permit. Can something like this cause the PR to lose the GC or have problems reentering the US?

Thank you

[YuAndDan 153]

Thank you for your answer.

1)Do you mean with 6 months, if the person stayed for CONTINUOUS 6 months out of the US or for example if the total of months out of the country in one year is equal to 6 months?

2)I will be applying as a spouse(married for 7 years) of a US Citizen, do I have to prove the 18 months in 3 years, or it doesn't matter if I can prove it in more than 3 years?

3)I also have another question concerning working overseas for a US company:

Am I allowed to work overseas for a US company as a PR? I read that if you can come to the US in less than 6 months you don't need a reentry permit and you will keep your continuous residency, but some people said if you are doing these trips very often the TSA-Agent may ask for a reentry-permit. Can something like this cause the PR to lose the GC or have problems reentering the US?

Thank you

1) Typically means 6 months in one continuous period.

2) 18 months in past 3 years, if married to US citizen.

3) Green-card is for residence in the USA, working overseas can jeopardize this, only certain employment can be considered resident. The POE (DHS) can catch on to this and revoke Green-Card.

Abandoning Permanent Resident Status

You may be found to have abandoned your permanent resident status if you:

• Move to another country intending to live there permanently
  
• Remain outside of the United States for more than 1 year without obtaining a reentry permit or returning resident visa. However, in determining whether your status has been abandoned, any length of absence from the United States may be considered, even if less than 1 year
  
• Remain outside of the United States for more than 2 years after issuance of a reentry permit without obtaining a returning resident visa. However, in determining whether your status has been abandoned any length of absence from the United States may be considered, even if less than 1 year
  
• Fail to file income tax returns while living outside of the United States for any period
  
• Declare yourself a “nonimmigrant” on your tax returns

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=3f443a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=3f443a4107083210VgnVCM100000082ca60aRCRD

[Brother Hesekiel 2,236]

KBU,

I'm usually a pretty smart guy, but I'm still not sure I understood your personal situation correctly.

The continuous residence requirement starts from the day you became a LPR. Check the front of your Green Card for this date. If you've been a Green Card holder for . . . let's say . . . . 6 years, then you cannot have been outside the US for more than 3 years TOTAL since then.

Once you've been on a trip outside the US for 6 months, your residency clock stops, like a stop watch. The moment you came back, it started again exactly where it stopped. So if you were outside the US for 8 months, you would have "lost" 2 months.

However, if you stay outside the US for 1 year (or longer), the stopped residency clock jumps back to zero. That means if you are a Green Card holder for 20 years, but never applied for naturalization, then take 1 trip outside the US that lasts over a year, your clock jumps back to zero, like you never had a Green Card. You then would have to wait another 3 or 5 years until you can apply for naturalization.

If you list your absences from the US in more detail, as you would have to on your N-400 application anyway, it's easier to evaluate.

[KBU 0]

1) Typically means 6 months in one continuous period.

2) 18 months in past 3 years, if married to US citizen.

3) Green-card is for residence in the USA, working overseas can jeopardize this, only certain employment can be considered resident. The POE (DHS) can catch on to this and revoke Green-Card.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=3f443a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=3f443a4107083210VgnVCM100000082ca60aRCRD

1)What about a job with an American company? We don't plan on living abroad permanently.

I found this on the USCIS website

(http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=0c353a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=0c353a4107083210VgnVCM100000082ca60aRCRD)

Does travel outside the United States affect my permanent resident status?

you maintained U.S. family and community ties, maintained U.S employment, filed U.S. income taxes as a resident, or otherwise established your intention to return to the United States as your permanent home. Other factors that may be considered include whether you maintained a U.S. mailing address, kept U.S. bank accounts and a valid U.S. driver’s license, own property or run a business in the United States, or any other evidence that supports the temporary nature of your absence.

2)Does doing any of the above prevent losing the GC while being overseas? After reading many opinions online I got confused, some people are saying that you should be fine if you visit the US in a period less than 6 months, while others are saying the opposite, so I don't really know which opinion is 100% correct.

[Mike&Cherry 45]

Make sure that you file US taxes even if you did not work in the US and even if it was not American pay. I beleive that you should still have your US home address marked on your tax forms. You still need to report your earnings as any US Citizen would. Someone please correct me if I'M wrong.

[rika60607 215]

To meet the residence requirements for naturalization, you must:

(in case that you were married to the same US citizen for the last 3 years)

- have been physically present in the US for 18 months out of the last 3 years and

- have maintained continuous residence in the US within the last 3 years

Partial (travel) days count as days present in the US.

If you spent more than 6 months outside of US on any given trip, you broke your continuous residence (even if you had a re-entry permit).

In that case your continuous residence will be counted starting 364 days prior to you return to the US, after which you did not break continuous residence.

If you come back to US after a more than 6 months trip, you would be eligible to apply for naturalization in 2 years and 1 day. Within those 2 years and 1 day, you must be physically present for 18 months.

[KBU 0]

To meet the residence requirements for naturalization, you must:

(in case that you were married to the same US citizen for the last 3 years)

- have been physically present in the US for 18 months out of the last 3 years and

- have maintained continuous residence in the US within the last 3 years

Partial (travel) days count as days present in the US.

If you spent more than 6 months outside of US on any given trip, you broke your continuous residence (even if you had a re-entry permit).

In that case your continuous residence will be counted starting 364 days prior to you return to the US, after which you did not break continuous residence.

If you come back to US after a more than 6 months trip, you would be eligible to apply for naturalization in 2 years and 1 day. Within those 2 years and 1 day, you must be physically present for 18 months.

Thank you everyone