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Will I be breaking residence by traveling again within 12 months period ?

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I am a permanent  resident since May 1st 2015 : 
I have travelled 5 months abroad in 2015 and 2016. 
2017 I have no left the US (no trips abroad)
2018 : I was out from April 8  to September 10 (5 months and a week)
Now we are in 2019 : I would like to travel for one month from January 15th to February 15th and from April to June ( 3 months ).
Will I be breaking residence by traveling again ? is there a 12 month period or does immigration look at the 30 months over the 5 years as a whole 

Im looking to submit N400 in 2020.

thank you 

happy new year 

 

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Posted (edited)
20 minutes ago, sls said:

I am a permanent  resident since May 1st 2015 : 
I have travelled 5 months abroad in 2015 and 2016. 
2017 I have no left the US (no trips abroad)
2018 : I was out from April 8  to September 10 (5 months and a week)
Now we are in 2019 : I would like to travel for one month from January 15th to February 15th and from April to June ( 3 months ).
Will I be breaking residence by traveling again ? is there a 12 month period or does immigration look at the 30 months over the 5 years as a whole 

Im looking to submit N400 in 2020.

thank you 

happy new year 

 

Physical Presence

Applicants are required to show that they were:

Physically present in the U.S. for thirty months within the five year period before applying, or (see legal basis)

Physically present in the U.S. for eighteen months within the three year period before applying in the case of qualified spouses of U.S. citizens (see legal basis)

 

by my calculations you should be fine, it doesn't show from what you said that you were outside move than 6 months at a time, however keep in mind some have been asked to show proof of where they went and what they were there for if I remember right.

Edited by Khallaf

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There are two things to look at here:  Continuous Presence requirements, and Physical Presence requirements.

 

Continuous Presence means you have continued to keep the US as your main domicile over the past 5 years, despite any amount of time abroad.   If you took (frequent) lengthy trips and seemingly set up residence outside of the US during that time (ie. you rented an apartment elsewhere, used government benefits from elsewhere), it can be determined you've broken continuous presence.  

 

Physical Presence means you have been present within the US for at least 30 months within the past 5 years  before filing the N400 (at least 913 days if filing under the 5-year rule).  A good rule of thumb is to spend more time within the US than outside over each 12-month period.  USCIS does NOT count the date of departure and the date of entry into the final calculation as you are still on US soil during those days.  Based on the numbers you've given above, you should be fine for the physical requirement.


Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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