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aayitrun

How to compute eligibility? days outside country question

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Filed: Timeline

My green card was issued in June 2017.

 

Currently within 90 days of 5 year anniversary of becoming an LPR.

 

I have spent a total of 150 days over the last 5 years outside the country. This is broken into about 6 total trips, none of which have lasted more than 50 days.

 

Do i file now or wait for 150 days?

 

(asking for a friend)

Edited by aayitrun

2006 - Entered US on F-1
2009 - COS to H-1
2011 - Married USC

Conditional GC Process:
04/2012 - Concurrent I-130 petition / I-485 AOS / I-765 EAD / I-131 AP sent
35 days to biometrics, 73 days to EAD/AP combo card, 85 days to interview, 96 days to Conditional Green Card

04/2014 - Eligible for ROC

06/2014 - I-751 package filing joint with spouse sent

5 days to extension,37 days to biometrics, 172 days to CSC transfer, 247 days to Green Card

04/2015 - Eligible for Citizenship

09/2015 - N-400 package filing on basis of USC spouse sent

29 days to biometrics, 105 days to interview, 147 days to oath and US citizenship

~ 9 years and 6 months from first entry to US citizenship

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Filed: Citizen (apr) Country: Thailand
Timeline

Here on a K1? Need married and a Certificate in hand within a few hours? I'm here to help. Come to Vegas and I'll marry you Vegas style!!   Visa Journey members are always FREE for my services. I know the costs involved in this whole game of immigration, and if I can save you some money I will!

 

 

 

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Filed: Citizen (apr) Country: Myanmar
Timeline
5 hours ago, aayitrun said:

My green card was issued in June 2017.

 

Currently within 90 days of 5 year anniversary of becoming an LPR.

 

I have spent a total of 150 days over the last 5 years outside the country. This is broken into about 6 total trips, none of which have lasted more than 50 days.

 

Do i file now or wait for 150 days?

 

(asking for a friend)

5 years = 3 * 365 + 2 * 366 = 1827 days.  

50 percent of 1827 is 913.5.  Half days don’t count. So half of 1827 is 914. 
 

You must have a total of at least 914 days of physical presence in the USA since the later of these two dates:

 

* the “resident since” date is on your green card 

 

* April 28, 2017

 

If have 914 or more days then your physical presence is sufficient.  
 

Based on your OP you might be able to file now.  There are other criteria.  You should visit https://www.uscis.gov/citizenship-resource-center/learn-about-citizenship/naturalization-eligibility to determine your eligibility to file today.  

 

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Filed: Timeline
3 hours ago, Mike E said:

5 years = 3 * 365 + 2 * 366 = 1827 days.  

50 percent of 1827 is 913.5.  Half days don’t count. So half of 1827 is 914. 
 

You must have a total of at least 914 days of physical presence in the USA since the later of these two dates:

 

* the “resident since” date is on your green card 

 

* April 28, 2017

 

If have 914 or more days then your physical presence is sufficient.  
 

Based on your OP you might be able to file now.  There are other criteria.  You should visit https://www.uscis.gov/citizenship-resource-center/learn-about-citizenship/naturalization-eligibility to determine your eligibility to file today.  

 

oh ok. it was kinda confusing and i thought u needed 5 x 365 - 90 days at least as a PR before you can even apply.

 

they have 1827 - 90 - 150 = 1587 days at least. (and all other criteria is met)

2006 - Entered US on F-1
2009 - COS to H-1
2011 - Married USC

Conditional GC Process:
04/2012 - Concurrent I-130 petition / I-485 AOS / I-765 EAD / I-131 AP sent
35 days to biometrics, 73 days to EAD/AP combo card, 85 days to interview, 96 days to Conditional Green Card

04/2014 - Eligible for ROC

06/2014 - I-751 package filing joint with spouse sent

5 days to extension,37 days to biometrics, 172 days to CSC transfer, 247 days to Green Card

04/2015 - Eligible for Citizenship

09/2015 - N-400 package filing on basis of USC spouse sent

29 days to biometrics, 105 days to interview, 147 days to oath and US citizenship

~ 9 years and 6 months from first entry to US citizenship

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Filed: Citizen (apr) Country: Australia
Timeline
9 hours ago, aayitrun said:

My green card was issued in June 2017.

 

Currently within 90 days of 5 year anniversary of becoming an LPR.

 

I have spent a total of 150 days over the last 5 years outside the country. This is broken into about 6 total trips, none of which have lasted more than 50 days.

 

Do i file now or wait for 150 days?

 

(asking for a friend)

Dont confuse the earliest possible filing date.. 90 days before the 5 yr anniversary.. with the eligibility to apply criteria…

1.Resident in the state you are filing for at least the past 90 days

2.Physical presence criteria… present in the US for at least 30 months of the preceding 60 months.. 

3.Continuous presence criteria..no trips over 6 months in length ( simple answer.. it can be a bit complex depending on why you were out for over 180 days)  

 

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