Jump to content
Nercamaru

US presence question

5 posts in this topic

Recommended Posts

My situation is as follows: after becoming LPR, I made a short visit to the US and then I returned to my country of origin to get my stuff in order and move permanently.

I returned to the US after about 6 months, and then stayed 4 months in the US, then returned to my country of origin again, mostly for spending the summer holidays with family.

However, for medical reasons (not of physical but mental health nature, if that matters) I've had to postpone going back to the US for a few months in order to get treatment here.

Now, I know it's TECHNICALLY allowed to be absent for periods up to 6 months, with especial leniency for the first year . . . But I won't have too much issues getting back to the US, will I?

And besides that, I also want to keep an eye towards citizenship. I do have every intention of living in the US permanently. Would this also cause any issues with citizenship attainment?

If it matters, I WILL be getting doctor's affidavits saying that it was necessary for me to stay in my country of origin for longer than I'd foreseen and wanted.

Share this post


Link to post
Share on other sites
19 minutes ago, Nercamaru said:

My situation is as follows: after becoming LPR, I made a short visit to the US and then I returned to my country of origin to get my stuff in order and move permanently.

I returned to the US after about 6 months, and then stayed 4 months in the US, then returned to my country of origin again, mostly for spending the summer holidays with family.

However, for medical reasons (not of physical but mental health nature, if that matters) I've had to postpone going back to the US for a few months in order to get treatment here.

Now, I know it's TECHNICALLY allowed to be absent for periods up to 6 months, with especial leniency for the first year . . . But I won't have too much issues getting back to the US, will I?

And besides that, I also want to keep an eye towards citizenship. I do have every intention of living in the US permanently. Would this also cause any issues with citizenship attainment?

If it matters, I WILL be getting doctor's affidavits saying that it was necessary for me to stay in my country of origin for longer than I'd foreseen and wanted.

What visa did you come on?

Share this post


Link to post
Share on other sites

It's unlikely to be an issue to return to the US based on the timelines you provided. Typically they issue a verbal warning first. Just don't make a habit of being outside the US more than being in it.

Also carry ties to the US, such as evidence of filing taxes.

Be sure to return before 1 year....that's when a presumptions of abandoning residence kicks in.

 

It won't negatively impact a citizenship application, although when you qualify for citizenship can be impacted due to either or both 1) physical presence requirements, and 2) continuous residency.

Trips abroad of 6 months to 1 year have a presumption of breaking continuous residency for naturalization purposes. Trips individually less than 6 months but combined are over 6 months in a year can do the same at the IO's discretion.

Broken continuous residency means you have to restart counting the days to qualify, starting from the day of your return after breaking it.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

Share this post


Link to post
Share on other sites
42 minutes ago, Cyberfx1024 said:

What visa did you come on?

DV1 (the lottery).

 

39 minutes ago, geowrian said:

Trips individually less than 6 months but combined are over 6 months in a year can do the same at the IO's discretion.

This MIGHT be an issue, given I have a 4 months of residence sandwiched between two almost 6 months trips (the second being the current one). Even if I have the medical affidavits. How likely would you say it can affect the timeline (making me wait a little over an extra year)?
What is an IO?
EDIT: I guess Immigration Officer, d'oh

Edited by Nercamaru

Share this post


Link to post
Share on other sites
26 minutes ago, Nercamaru said:

This MIGHT be an issue, given I have a 4 months of residence sandwiched between two almost 6 months trips (the second being the current one). Even if I have the medical affidavits. How likely would you say it can affect the timeline (making me wait a little over an extra year)?

Correct - this is at the Immigration Officer's (IO's) discretion. No way to know for sure without either applying or assuming it does break continuous residence and filing 5 years after returning from the last ~6 month trip.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×