question regarding physical presence in the US (30months)

[pcks1567 0]

My mom got her greencard on July, 31 2007, so she fulfills the 5 year requirement. But for the physical presence in the US 30 months requirement, i am not so sure since she took several trips (but no trip was longer than 6 months).

My question is, for N400 part 7 section A "how many total days did you spend outside the US during past five years", she has 967 days, is this too much? How does USCIS interpret one month? is it 30 days or 31 days?

[dwheels76 5,463]

My mom got her greencard on July, 31 2007, so she fulfills the 5 year requirement. But for the physical presence in the US 30 months requirement, i am not so sure since she took several trips (but no trip was longer than 6 months).

My question is, for N400 part 7 section A "how many total days did you spend outside the US during past five years", she has 967 days, is this too much? How does USCIS interpret one month? is it 30 days or 31 days?

So the 967 is how many days she spent outside of the country? You sure thats over 2 1/2 years dear? That is not good. She has to be here more than outside the country.

I am sure others with better knowledge will tell you more but 967 is excessive there's 1825 days in 5 years and she spent 1/2 of it out the country.

[pcks1567 0]

I am starting to think i did this wrong.

I understand the requirement is physically in US for 30 months, so i was calculating that she has 960days in country as of july 31st 2012 which is 5 years since she got GC. I interpreted this as more than 930days requirement (30 months x 31 days). Is this correct or incorrect?

Maybe if I list out the days below, someone can help me. I must be looking at this wrong somehow.

7/31/2007 - GC active day

10/8/2007 - entered US with GC 3/16/2008 - left US

5/7/2008 - returned to US 7/13/2008 - left US

1/11/2009 - returned to US 5/20/2009 - left US

10/4/2009 - returned to US 4/11/2010 - left US

6/25/2010 - returned to US 4/28/2011 - left US

10/13/2011 - returned to US 12/7/2011 - left US

5/14/2012 - returned to US 7/4/2012 - left US

9/4/2012 - returned to US 9/24/2012 - left US

2/11/2013 - returned to US

Total days outside US 967 (i think)

Part7-A is asking total days she spent outside US, this number will not change, but the days she is in US will increase after she come back Feb11. Therefore, if she doesn't qualify by Feb 11, then how long should we wait?

I sincerely hope someone can tell me what I am doing wrong with this calculation.

[Dave&Roza 748]

I am starting to think i did this wrong.

I understand the requirement is physically in US for 30 months, so i was calculating that she has 960days in country as of july 31st 2012 which is 5 years since she got GC. I interpreted this as more than 930days requirement (30 months x 31 days). Is this correct or incorrect?

Maybe if I list out the days below, someone can help me. I must be looking at this wrong somehow.

7/31/2007 - GC active day

10/8/2007 - entered US with GC 3/16/2008 - left US

5/7/2008 - returned to US 7/13/2008 - left US

1/11/2009 - returned to US 5/20/2009 - left US

10/4/2009 - returned to US 4/11/2010 - left US

6/25/2010 - returned to US 4/28/2011 - left US

10/13/2011 - returned to US 12/7/2011 - left US

5/14/2012 - returned to US 7/4/2012 - left US

9/4/2012 - returned to US 9/24/2012 - left US

2/11/2013 - returned to US

Total days outside US 967 (i think)

Part7-A is asking total days she spent outside US, this number will not change, but the days she is in US will increase after she come back Feb11. Therefore, if she doesn't qualify by Feb 11, then how long should we wait?

I sincerely hope someone can tell me what I am doing wrong with this calculation.

A month for this case is 30 days. 5 years times 365 days is 1825 (1826 if you include a leap year) divided by 60 months is 30.4 days per month. Your mother must be in the US more than outside during the 5 year period which means she must be in the US for more than 912 days. There is also the residency requirement of living in the district before filing which may be scrunitized given all her trips outside the US. If I were the IO I would want her to show that she is living in the US and not just visiting and her current pattern difiantly shows some one who is living outside the US and just returing to keep the GC. I would wait until she is in the US for much more than the minimum, but that is entirely up to you and her.

Good luck,

Dave

[pcks1567 0]

Thank you, that was helpful.

Is it correct that the 5 years means "immediately before" filing N400? so it is a sliding 5 year, not since GC date?

The reason she travels so much is for medical reason (insurance in US is too expensive for non-citizen), but you are also correct that she didn't stay longer outside because of the requirement, we didn't want her to have trouble reenter so each time she only left for less than 6 months.

It looks like we will need to wait much longer than expected because she was in US more at the beginning, so each day she stays now, if 5 years ago same day she was already in US, then it doesn't really count (or i should say it does not decrease a days she is out).

The other thing i noticed is that if she had not left on Sep24th and apply then, everything would have been ok. This last trip is a big problem.