Travel Times out of the US

[surd 0]

My case: I got my green card in 2010'March. So as per the 5 year rule I am currently eligible to apply for Citizenship.

During these 5 years the mention below is the time I spend in USA.

*2010- 1 month(30 days) March'10 to April'10 - I was never questioned at immigration's as to why i spent longer than 6 months outside USA probably bec i came back within a year.

*2011- 1 month(30 days) March'11 to April'11 -I was never questioned at immigration's as to why i spent longer than 6 months outside USA probably bec i came back within a year.

*2012'March to 2015(current)- 36 months continuously and I have not traveled outside USA.

Do you think I am eligible and my application will not be rejected as I had spent on a month in USA in 2010 & 2011? Or my continuous presence will be counted only from 2012 and I will need to wait for 2 more years?

[NancyNguyen 1,657]

You said one month and then you weren't never asked why you spent more than 6 months outside of the States. Something is missing here

[surd 0]

You said one month and then you weren't never asked why you spent more than 6 months outside of the States. Something is missing here

Hi,

I just spend one month in 2010 and 2011.

I was never questioned at immigration upon my arrival in USA why i have not been staying in USA and spending time more than 6 months outside USA.

[SoRot76 3]

Well, they never "questioned" you because you did NOT spend more than 6 months at a time out of the country. It's totally ok to be gone for a month, twice, within the last 5 years. You won't have any problems.

[surd 0]

Well, they never "questioned" you because you did NOT spend more than 6 months at a time out of the country. It's totally ok to be gone for a month, twice, within the last 5 years. You won't have any problems.

Hi,

You are getting me wrong..

In 2010 and 2011 I was in USA just for a month-30 days. I was living outside (India) rest of the time. I spend almost 11 months at a time out of USA and was still never questioned at immigrations.

[Dave&Roza 748]

My case: I got my green card in 2010'March. So as per the 5 year rule I am currently eligible to apply for Citizenship.

During these 5 years the mention below is the time I spend in USA.

*2010- 1 month(30 days) March'10 to April'10 - I was never questioned at immigration's as to why i spent longer than 6 months outside USA probably bec i came back within a year.

*2011- 1 month(30 days) March'11 to April'11 -I was never questioned at immigration's as to why i spent longer than 6 months outside USA probably bec i came back within a year.

*2012'March to 2015(current)- 36 months continuously and I have not traveled outside USA.

Do you think I am eligible and my application will not be rejected as I had spent on a month in USA in 2010 & 2011? Or my continuous presence will be counted only from 2012 and I will need to wait for 2 more years?

If you need to qualify under the 5 year rule then you are not yet eligible to file for USC. The reason is you do not have the continuous residency requirement met. You need to be a LPR for 5 years, in the district or state you apply to for the last 3 months, AND have been a continuous resident for the past 5 years. You broke that with your stays greater than 6 months. You have 36 months towards your continuous residency and need 60. Looks like 2017--not sure they will give you credit for the 2 months in the US to apply the 4 years plus 1 day rule, but who knows you could try in a year and see what happens, but I think you need to have an application denied before the next applicant can use the 4 year plus 1 day rule--as long as you do not spend more than 180 days outside the US between now and then. By coming back within a year you maintained your LPR status and were allowed to keep your GC, but you disrupted your continuous residency. You may wan to read this as it explains everything about becoming a USC.

Long stays outside the US have two effects. One is your LPR status and whether the CBP allows you to re-enter the US as a LPR and keep your GC and the other can affect when you are eligible to file for USC.

Dave

Edited April 15, 2015 by Dave&Roza

[SoRot76 3]

Hi,

You are getting me wrong..

In 2010 and 2011 I was in USA just for a month-30 days. I was living outside (India) rest of the time. I spend almost 11 months at a time out of USA and was still never questioned at immigrations.

Yes, I totally misunderstood you, sorry! I thought you meant that you were OUT of the US for a month, not IN the US for just a month. Then yes, you can not file for citizenship yet, unfortunately.