Continuous Residency question

[pineywoods 1]

Hello,

I became a PR in Aug 2006 but then I left to stay in Canada for 3 years (was studying there). I came back in August 2009 and has been in US since then. I visited US quite a few times during those 3 years and I was never out of US for more than a year.

In the 'Guide to Naturalization', pg. 22, it says:

What if I was outside the United States

between 6 and 12 months?

If you leave

the United States for more than 6 months,

but less than 1 year, you have broken

or disrupted your continuous residence

unless you can prove otherwise. Read the

“Document Checklist” in the back of this

Guide to find out what information you

must give to prove you did not break your

continuous residence.

and also....

What if I was outside the United States

for 1 year or longer?

In almost all cases,

if you leave the United States for 1 year or

more, you have disrupted your continuous

residence. This is true even if you have a

Re-entry Permit.

If you leave the country for 1 year or

longer, you may be eligible to re-enter as a

Permanent Resident if you have a Re-entry

Permit. But none of the time you were in

the United States before you left the country

counts toward your time in continuous

residence.

If you return within 2 years, some of your

time out of the country does count. In

fact, the last 364 days of your time out of

the country (1 year minus 1 day) counts

toward meeting your continuous residence

requirement.

My question:

I never applied for a re-entry permit and never stayed out of US for more than a year. Can I count my last 364 days in Canada to count toward meeting my continuous residence requirement?

[nigel 7]

Hello,

I became a PR in Aug 2006 but then I left to stay in Canada for 3 years (was studying there). I came back in August 2009 and has been in US since then. I visited US quite a few times during those 3 years and I was never out of US for more than a year.

In the 'Guide to Naturalization', pg. 22, it says:

What if I was outside the United States

between 6 and 12 months?

If you leave

the United States for more than 6 months,

but less than 1 year, you have broken

or disrupted your continuous residence

unless you can prove otherwise. Read the

"Document Checklist" in the back of this

Guide to find out what information you

must give to prove you did not break your

continuous residence.

and also....

What if I was outside the United States

for 1 year or longer?

In almost all cases,

if you leave the United States for 1 year or

more, you have disrupted your continuous

residence. This is true even if you have a

Re-entry Permit.

If you leave the country for 1 year or

longer, you may be eligible to re-enter as a

Permanent Resident if you have a Re-entry

Permit. But none of the time you were in

the United States before you left the country

counts toward your time in continuous

residence.

If you return within 2 years, some of your

time out of the country does count. In

fact, the last 364 days of your time out of

the country (1 year minus 1 day) counts

toward meeting your continuous residence

requirement.

My question:

I never applied for a re-entry permit and never stayed out of US for more than a year. Can I count my last 364 days in Canada to count toward meeting my continuous residence requirement?

No...Unless you can prove that you never abandon your us residency...such as filed taxes..own a house...kept us bank account...your family stayed here in the us throughout..

You didnt file a re-entry permit...

[Jason_Do 7]

Are u joking? What is it better in Canada about schooling than here in US? If u left US more than 12 months (count altogether every time u were outside US) then you do not qualify for naturalization.

[Harpa Timsah 13,254]

Are u joking? What is it better in Canada about schooling than here in US? If u left US more than 12 months (count altogether every time u were outside US) then you do not qualify for naturalization.

Your comments are not helpful. The OP doesn't need to justify his/her choice, and your information is incorrect.

[pineywoods 1]

No...Unless you can prove that you never abandon your us residency...such as filed taxes..own a house...kept us bank account...your family stayed here in the us throughout..

You didnt file a re-entry permit...

You didn't read my post properly. I never stayed out of US for more than a year. In fact, I always stayed out of US for LESS than a year. No wonder I was allowed back into US and I am right now IN USA! Why on Earth would I need a re-entry permit if I never stayed out of USA for more than a year?

As for filing taxes and all, yes I did file my taxes during those 3 years and my family did stay in US throughout and I did maintain a bank account in USA.

Please don't jump to conclusions.

As for Mr. Jason, you seem to be even more hasty. I went to Canada for my studies because I got my Canadian university offer of admission and student visa BEFORE I even got my US immigration visa and green card. And yes, Canadian universities can be a lot better than American universities depending on which two universities you are comparing. If you don't want to help, no one is forcing you to reply.

Harpa, thanks for your post. Do you have idea about the answer to my question? Thanks.

[nigel 7]

You didn't read my post properly. I never stayed out of US for more than a year. In fact, I always stayed out of US for LESS than a year. No wonder I was allowed back into US and I am right now IN USA! Why on Earth would I need a re-entry permit if I never stayed out of USA for more than a year?

Please don't jump to conclusions.

whos jumping to conclustions? Did you read i said you stayed outside the usa for more than 1 yr? ..NO

I just gave you " Fact" If your outside the usa for more than 6 mths but less than a year....you disrupt your continuous residence (Stops the clock)

requirement. IN OTHER WORDS Disrupts meaning the time you spent outside the usa gets taken off..sample stay outside 181 days (stops the clock).

stay outside the usa 366 days your residency requirement to become a usc gets set back....IN OTHER WORDS Your start back from scatch....(re sets the clock)

UNLESS YOU FILED A RE-ENTRY PERMIT....then a certain amount of your time outside counts....but you didnt file so thats no good to you..

Now back onto the re-entry visa....this is used for pr who could be sppending upto 2 yrs outside the usa...where your outside the usa for that ammount of time is not valid

but if your outside for say the max amount of time then 1 yr and 1 day would be saved on you clock....

Having a re entry permit also helps if your outside the usa for more than 6mths...as this gives you some protection in keeping your time inside the usa..

The rule is simple if you see the uscis usc requirements....based on 3yr application....min pysical presence is 18mths in 3 yrs....5 yr rule min time 30 mths pysical presence

so look up your last time you came back from canada to the usa then start your clock from the big trip over 6 mths cas that when is was stopped...

AS for the re entry permit...it dont matter to you cas you never filed a re-entry permit anyway..so wheres this trying to save the days you was away makes no differance anyways..

..

Google is your buddy...if you dont like my answer

[Harpa Timsah 13,254]

Harpa, thanks for your post. Do you have idea about the answer to my question? Thanks.

No, I don't know all the rules for naturalization. From what you post, however, I read that you could count some of your time in Canada only if you had applied for a re-entry permit, and since you didn't, you can't. I think you still have a year and a few months before you can apply (if based on 3 years for a marriage to a USC - if through another means then another story).

If you give it some time, more people will chime in who know the laws down pat; just be patient and they will come

Edited February 7, 2011 by Harpa Timsah

[VanessaTony 3,563]

I became a PR in Aug 2006 but then I left to stay in Canada for 3 years (was studying there). I came back in August 2009 and has been in US since then. I visited US quite a few times during those 3 years and I was never out of US for more than a year.

In the 'Guide to Naturalization', pg. 22, it says:

Q: What if I was outside the United States between 6 and 12 months?

If you leave the United States for more than 6 months, but less than 1 year, you have broken or disrupted your continuous residence unless you can prove otherwise. Read the “Document Checklist” in the back of this Guide to find out what information you must give to prove you did not break your continuous residence.

Q: What if I was outside the United States for 1 year or longer?

In almost all cases, if you leave the United States for 1 year or more, you have disrupted your continuous residence. This is true even if you have a Re-entry Permit. If you leave the country for 1 year or longer, you may be eligible to re-enter as a Permanent Resident if you have a Re-entry Permit. But none of the time you were in the United States before you left the country counts toward your time in continuous residence.

If you return within 2 years, some of your time out of the country does count. In fact, the last 364 days of your time out of the country (1 year minus 1 day) counts toward meeting your continuous residence requirement.

My question:

I never applied for a re-entry permit and never stayed out of US for more than a year. Can I count my last 364 days in Canada to count toward meeting my continuous residence requirement?

No. You stated yourself that you didn't stay out for more than a year, and you had no re-entry permit, therefore the second Q&A doesn't apply to you.

[VanessaTony 3,563]

This here: http://www.uscis.gov/files/article/attachments.pdf page 5 talks about eligibility. If you were out for more than 30 months in the 5 year period then you cannot apply for USC yet (there are some exceptions but based on your OP they don't apply to you). You said you were out for 3 years making 36 months. If you were out any other times during the 5 years then you're not eligible yet.. you'll need to wait until a 5 year period that is less than 30 months out.

Good luck!

[nigel 7]

This here: http://www.uscis.gov...attachments.pdf page 5 talks about eligibility. If you were out for more than 30 months in the 5 year period then you cannot apply for USC yet (there are some exceptions but based on your OP they don't apply to you). You said you were out for 3 years making 36 months. If you were out any other times during the 5 years then you're not eligible yet.. you'll need to wait until a 5 year period that is less than 30 months out.

Good luck!

Why bother vanessa&tony.....the poster only wants to hear what they want to hear.

[v333k 58]

Not sure if you received an answer to your question or not, but here are two rules that when you apply for naturalization you need to be aware of:

1. Continuous residence

2. Physical presence

Please read the naturalization guide to get more familiar with the requirements.

http://www.uscis.gov/files/article/M-476.pdf

I will also notify a moderator to go over the posts above and see if they violate any VJ rules.....

[Kathryn41 3,196]

I have reviewed the thread and will remind everyone that if you are going to respond, please ensure that the information you offer in response is accurate. Personal experience is often a valid yardstick, as long as you are aware of the caveat that there may be extenuating circumstances that affect the situation.

Regardless, no one has the right to be rude, judgmental, patronizing or confrontational in their posts. If you cannot post constructive information in a supportive or neutral tone then it is probably a better idea for you to refrain from posting at all. Visa Journey is supposed to be an experientially based website where members share of their knowledge and experience to the benefit of others in a supportive and considerate manner. Again, if you cannot do this, then please do not respond.

Finally,, comments that might be acceptable in the Off Topic or Politics and Religion forums are not acceptable in the Immigration forums. If they continue (not just in this thread but in the Immigration forums) to occur we will reinstate the 6 to12 hour minimum account suspension for those who violate this requirement.

[Brother Hesekiel 2,231]

There are potential problems with you applying for naturalization at this point.

Although you have not been continuously outside the US during those 3 years that you lived in Canada, you have basically spent almost all of those years outside the US, have just "visited" for a short period of time to keep your residency and thus your Green Card alive. I see this as an abuse of your Green Card as a tourist visa and the Immigration folks don't like that at all.

Now, in the N-400 form, you have to list all of your absences from the US since becoming an LPR. The moment the I.O. looks through your application, his or her face will turn to stone, then you'll notice heavy breathing and a facial expression not unlike the one Commissar Custeau showed when catching the Pink Panther.

Frankly, if I were you, I would just hold on with that N-400 application until you have a clean record for the past 5 years. Filing now may not only result in a denial of your request, but to a revocation of your status as an LPR.

Can I be sure? Nope. It is possible? Yes. Would I risk it? Nope. Would you?

Edited February 8, 2011 by Just Bob

[nigel 7]

Yep i agree Bob...

they could see it as abuse of a pr card holder.....

There was a member here on vj who got refused usc over 38 days being short of the requirement...i dont know the full details but still, it goes to show there on the ball when it comes down to this particular requirement..

side note...

My bro-law had his p.r card taken away from him at P.O.E 2 yrs ago...he left the us for 11 mths then p.o.e warned him 1st time...saying if you got a p.r card then live here, don't use your p.r card like a tourist visa...

He thought he was a clever #### 2nd time 1 year later, when he done the same thing 11 mths later....they P.O.E snaged his card gave him the option to surrender his p.r card then they will allow him in just this last time for 3 wks because thats all he planed on staying anyway....or be locked up until he gets seen by a immigration judge....He Surrended his p.r card stayed 3 wks in the usa, then never to be seen again...

After all the money & time my wifes mother payed for lawyers ect to get his p.r card he just tossed it away....he didnt care anyways the mother never seen him for 20 yrs before he turned back up in the familys life came from under his rock....the wifes mother died 4 yrs ago, i bet shes turning in her grave now...

[pineywoods 1]

Thanks to everyone for their replies. Bob, your reply was helpful in putting things into context, even though that means I will be waiting a lot longer for the citizenship but that's okay.

Nigel, you are not the friendliest person on the planet but I guess not everyone is. I will keep it at that.