Continuous residence and Re-entry permit How we count?

[evgenikd 0]

Hi to all!

Would like to ask you a question about "Continuous residence". I became Permanent Resident in May 2012. Here are my dates about my stays IN and OUT of US

2012 May - November (172 days in US)

2012/2013 November - May (178 days out of US)

2013 May - August (109 days in US) - took a re-entry permit and left US

2013/2014 August - April (251 days out of US)

2014 April - September (132 days in US)

2014/2015 September till now I am still out of US.

On 29th of March 2015 will be 180 day of my left from America. My re-entry permit exp. date is September 2015. I bought already a flight ticket for april which means i will late with 23 days after this rule of 6 months. Please tell me how i have to count "Continuous residence"? From may 2012 or after my going back to US in 2014 after 251 days out of US but with re-entry permit. And one more question, thinking to change my flight and keep this 180 days, not going over them this year. Can i use my re-entry permit again if i fly in april and make 6 months and 23 days missing from America? Thank you in advance to everyone who can give information about my case.

[JimmyHou 610]

You need to establish continuous residence in the US in order to apply for citizenship.

Until now you have not done that.

When you return to the US, you can start counting 5 years and then you can apply provided that you don't take any long trips.

You definitely can't start counting from 2012.

Also, a re-entry permit only stops you from losing your green card. It does not maintain your continuous residence.

You'll also have to meet the physical presence requirement.

There's a chance that you can convince USCIS to start counting in April 2014, but this is unlikely. They will probably consider your current trip to have canceled your previous time towards citizenship.

You should plan on applying in 2020 if you return soon.

[Hypnos 6,576]

Right now I'd worry more about holding onto your green card rather than applying for naturalisation.

You're spending more time outside of the US than inside on a consistent basis.

[evgenikd 0]

Thank you for this information! Can i use my re-entry permit for a second year? I mean already entered last year with it, but this year i will come back in US after 6 months and 23 days.

[BP1157 0]

Hi,

This is a very serious issue and I STRONGLY recommend recommend you to talk to contact an immigration attorney. Please don't try to get advice from non professional people. Because each case is different than the other.

You can post your question to http://www.avvo.com/, on the immigration section. Immigration attorneys answer your questions for free. However, if you want a very precise answer/solution it worth to pay and talk to an immigration attorney. I say that because I had the same issue for re-entry permit document and miscalculating, and it negatively affected my citizenship and of course a lot of money. First post your question on Avvo and see what they tell you for free.

Good luck,

BP

[JimmyHou 610]

Thank you for this information! Can i use my re-entry permit for a second year? I mean already entered last year with it, but this year i will come back in US after 6 months and 23 days.

A re-entry permit is only required for an absence of more than one year.

However, a pattern of extended travel could cause problems and trips above 6 months invite greater scrutiny.

If you can return early, may help you avoid problems.

Edited February 27, 2015 by JimmyHou