WHEN CAN I RE-APPLY?

[1blt 0]

Pls help,

I was recently denied due to lack of physical presence under the 3 yr rule. Missed it by a couple months according to the letter I received from uscis. No other issues.

My green card was issued in June 2012 and I'll have my 5yr anniversary in June next yr. Based on the following travel dates, when do u think I can reapply?

1, 9/2/2012 - 9/26/2012

2, 10/11/2013 - 4/14/2014

3, 5/15/2014 - 1/7/2015

4, 3/3/2015 - 11/1/2015

5, 1/21/2016 - 3/17/2016

Upcoming trip

9/2016 to 1/2017 ---- 4 months.

Also, do you think I should hire a lawyer to file the new app even if I meet the physical presence requirement? I'm afraid they might bring up continuos residence next time, they didn't this time but I have all docs to prove that I didn't abandon my residency in the US. Been married for 7yrs and family are here in the US. Taxes paid and no criminal issues. Just small traffic tix. Lawyers are too xpensive!

[1blt 0]

Anybody?

[arken 4,199]

Seems like you have around 29 months of absence in 5 years. Theoretically you will be eligible to apply for citizenship starting 90 days before your 5th year GC anniversary.

Will you run into problem? I think so for following reasons.

1. You will be heavily scrutenized in proving that you have maintained permanent residency during those 3 trips of over 6 months.

2. While individual trip wise, it seems like you have not been out of US for more than a year at any time but you came back to US for 1-2 months and went back for another long time. Like between Nov 2013 and Mar 2016 (2.5 years), you have been out of US for almost 24 months. For 2.5 years you were visiting US for 1,2, or 3 months rather than residing in the US. The officers are trained to pick those things.

This things will definitely hamper your application. Could you be denied, may be or may be not. Getting the citizenship is definitely difficult under those circumstances. It depends on how the CO percieves your multiple visits to US as opposed to visits to other country.

Lawyers can just help in telling you to include evidences of maintaining residency for thise periods but can't help in getting citizenship.

[aaron2020 11,652]

Please figure out how many days each trip were so people don't have to do the calculations.

[1blt 0]

Seems like you have around 29 months of absence in 5 years. Theoretically you will be eligible to apply for citizenship starting 90 days before your 5th year GC anniversary.

Will you run into problem? I think so for following reasons.

1. You will be heavily scrutenized in proving that you have maintained permanent residency during those 3 trips of over 6 months.

2. While individual trip wise, it seems like you have not been out of US for more than a year at any time but you came back to US for 1-2 months and went back for another long time. Like between Nov 2013 and Mar 2016 (2.5 years), you have been out of US for almost 24 months. For 2.5 years you were visiting US for 1,2, or 3 months rather than residing in the US. The officers are trained to pick those things.

This things will definitely hamper your application. Could you be denied, may be or may be not. Getting the citizenship is definitely difficult under those circumstances. It depends on how the CO percieves your multiple visits to US as opposed to visits to other country.

Lawyers can just help in telling you to include evidences of maintaining residency for thise periods but can't help in getting citizenship.

Maybe I should wait until those dates drop off the statutory period. That'll be in 2018.

[squareleg 69]

Pls help,

I was recently denied due to lack of physical presence under the 3 yr rule. Missed it by a couple months according to the letter I received from uscis. No other issues.

My green card was issued in June 2012 and I'll have my 5yr anniversary in June next yr. Based on the following travel dates, when do u think I can reapply?

1, 9/2/2012 - 9/26/2012

2, 10/11/2013 - 4/14/2014

3, 5/15/2014 - 1/7/2015

4, 3/3/2015 - 11/1/2015

5, 1/21/2016 - 3/17/2016

Upcoming trip

9/2016 to 1/2017 ---- 4 months.

Also, do you think I should hire a lawyer to file the new app even if I meet the physical presence requirement? I'm afraid they might bring up continuos residence next time, they didn't this time but I have all docs to prove that I didn't abandon my residency in the US. Been married for 7yrs and family are here in the US. Taxes paid and no criminal issues. Just small traffic tix. Lawyers are too xpensive!

Put months in front of your travel dates. Most folks are not going to spend time calculating and then responding to the questions.

[akihon 129]

Jesus Christ, here.

Sept 2 to 26: 24 days

Oct 11 to April 14: 185 days

May 15 to Jan 7: 237 days

Mar 3 to Nov 1: 243 days

Jan 21 to Mar 17: 56 days

To OP: not sure why you got the GC if you were going to spend that much time outside the US. That's a LOT of time outside the country you're supposed to be spending the majority of your time IN!

Edited August 2, 2016 by akihon

[Unlockable 7,322]

I agree with Arken,

Paying taxes and not having a criminal record is good and all but those are just two of the few main requirements in maintaining you residency in the US. Your stay outside of the US is concerning and obviously USCIS feels the same way. In 2014 you were only in the US for only 1 month!

My advice, lessen your time abroad.

ETA: A lawyer won't help your case. You agreed to be a resident of the US. Look at your travel history. A decision has to be made on whether or not you want to be a resident here or not.

Edited August 2, 2016 by NuestraUnion

[ManCharsey 254]

You are spending WAY too much time outside the US. From your travel pattern, I am positive you will be denied again as it doesn't seem like anything has changed. It will seem to USCIS that you're using the green card as a tourist visa to visit the US instead of staying here and that won't be far from the truth. In 2014 and 2015, you spent 4 months in the US out of the 2 years.

I will propose you fix this or wait till later to apply.

[1blt 0]

The reason for my travel pattern is due to the my father's illness. I had been in the US for over 20yrs without ever going home and seeing him. Once I got my Green card I had to go back and do whatever I could to help him. Things have since gotten better and I've been back in the US on a regular basis.

I think this is a common conflict of interest for a lot of people seeking US citizenship. The need to go back sometimes is greater than the requirement to stay. It's a complete reversal of things when we first come to the US. You come to seek a better life and opportunity. As parents get older, the need to assist and give back is just as strong sometimes.

[ManCharsey 254]

The reason for my travel pattern is due to the my father's illness. I had been in the US for over 20yrs without ever going home and seeing him. Once I got my Green card I had to go back and do whatever I could to help him. Things have since gotten better and I've been back in the US on a regular basis.

I think this is a common conflict of interest for a lot of people seeking US citizenship. The need to go back sometimes is greater than the requirement to stay. It's a complete reversal of things when we first come to the US. You come to seek a better life and opportunity. As parents get older, the need to assist and give back is just as strong sometimes.

I agree with you on that.

[Mike-eeh and Odie 193]

So based on your numbers you were out of the USA for the following amount of days:

2012: 24 days
2013: 81 days
2014: 334 days -179 days = 155 days owed
2015: 250 Days - 179 days = 71 days owed
2016: 178 Days

The USCIS requires you to stay in the USA a minimim of 6 months per year. To be certain you meet the presence requirments, you would have to stay in the USA a period of 6 months (180 Days) or more, so you would have to cut your annual trips to 179 days total be safe.

Based on 179 days annually, you were out a long time in 2014 and 2015. You just made the minimum in 2016. Should you plan longer time out of the USA in 2017, I would wait until 2018 to reapply, as you already owe the USA 226 (155 + 71 = 226) days of continuous lawful presence.

[soulstriker 274]

those big trips are a huge scrutiny trigger wow