Maintaining Residency before applying for Citizenship

[Mevora 11]

Hello,

 I got my green card in Nov 2018 but moved to US officially in Feb 2019. I've been there since then with no trips but recently I had to visit my home country for some work related item. I run my own company with employees and clients in US but have to stay in my home country for some further business. I  am eligible to apply for Citizenship next year. My question is since my number of days are complete and I've a lease, insurance , car etc in US, as long as I keep on visiting before 6 months, I should be fine for applying for citizenship ?

What other precautions should I keep to avoid any trouble ?

 

I can spend 4-5 months before citizenship application in the US if that's required but there is a potential gap of 12 months where I be living outside. Just wondering if it's okay to visit once every 6 months. 

[Boiler 43,513]

14 minutes ago, Mevora said:

Hello,

 I got my green card in Nov 2018 but moved to US officially in Feb 2019. I've been there since then with no trips but recently I had to visit my home country for some work related item. I run my own company with employees and clients in US but have to stay in my home country for some further business. I  am eligible to apply for Citizenship next year. My question is since my number of days are complete and I've a lease, insurance , car etc in US, as long as I keep on visiting before 6 months, I should be fine for applying for citizenship ?

What other precautions should I keep to avoid any trouble ?

 

I can spend 4-5 months before citizenship application in the US if that's required but there is a potential gap of 12 months where I be living outside. Just wondering if it's okay to visit once every 6 months. 

Should not be that difficult spending more time, Canada is not that far away 

 

You can probably get away with it to keep your GC, do not see how you will be able to meet the naturalization requirements

[Mevora 11]

37 minutes ago, Boiler said:

Should not be that difficult spending more time, Canada is not that far away 

 

You can probably get away with it to keep your GC, do not see how you will be able to meet the naturalization requirements

I've spent 1000 days in US since my GC with no travel more than 6 months. Now that I am on the last year, can i do like 3 trips to US but most of the time outisde US. That's the question

 

[Boiler 43,513]

That strikes me as being your problem 

[Mike E 11,723]

1 hour ago, Mevora said:

I've spent 1000 days in US since my GC with no travel more than 6 months. Now that I am on the last year, can i do like 3 trips to US but most of the time outisde US. That's the question

 

4 * 365 + 2 * 366 = 1827

 

So at 1000 days you’ve enough.  
 

I don’t understand how you are able to spend most of your time outside the USA and have 1000 days in the USA for LPR status granted November 2018. The math doesn’t work. 
 

In additions the maximum sbeanece you can have from the USA before a presumption of breaking continuous residency is 180 days not 6 months. 
 

Finally it seems like you were working abroad during those 6 months of continuous absence.  
 

I see lots of head winds for you.  

[Mevora 11]

33 minutes ago, Mike E said:

4 * 365 + 2 * 366 = 1827

 

So at 1000 days you’ve enough.  
 

I don’t understand how you are able to spend most of your time outside the USA and have 1000 days in the USA for LPR status granted November 2018. The math doesn’t work. 
 

In additions the maximum sbeanece you can have from the USA before a presumption of breaking continuous residency is 180 days not 6 months. 
 

Finally it seems like you were working abroad during those 6 months of continuous absence.  
 

I see lots of head winds for you.  

i spent most of my time in US before coming to home country. so completed the 1000 days.  Only issue is that it's just 8-9 months this year that I've to be here due to nature of my work which is linked to my US business. I am maintaining staff, paying taxes, insurance in US. Just to be clear it's just this year where this is the situation. At time of application, I'll be probably at 1200 days + but there there would be 2 trips each of 120 days abroad .

 

[Mike E 11,723]

Do you have any continuous absences from the USA that exceed 180 days?

[Mevora 11]

Just now, Mike E said:

Do you have any continuous absences from the USA that exceed 180 days?

None and I'll make sure that doesn't happen. Also I am maintaining my company in the US. 

 

[Mike E 11,723]

Just now, Mevora said:

None and I'll make sure that doesn't happen. Also I am maintaining my company in the US. 

 

Well give it a shot. 
 

Being out of the USA continuously for periods of 120 days for business is going to attract scrutiny. 120 days across 10 distinct locations business meetings is credible. 120 days in one location for business meetings is not.  It seems like you are working and this can disrupt continuous residence. 
 

A current pattern of spending 8 of 12 trailing months outside the USA might attract the attention of CBP. If CBP determines you have abandoned your residency then I suspect that will be an impediment to naturalization.  

[Mevora 11]

22 minutes ago, Mike E said:

Well give it a shot. 
 

Being out of the USA continuously for periods of 120 days for business is going to attract scrutiny. 120 days across 10 distinct locations business meetings is credible. 120 days in one location for business meetings is not.  It seems like you are working and this can disrupt continuous residence. 
 

A current pattern of spending 8 of 12 trailing months outside the USA might attract the attention of CBP. If CBP determines you have abandoned your residency then I suspect that will be an impediment to naturalization.  

Thanks for the input

 

[igoyougoduke 1,605]

you should be fine 

[African Zealot 1,452]

It’s not just the amount of time, it’s also the pattern. I’d you’re spending in months 3 out, 1 in, 3 out, 1 in, 3 out, 1 in for two years although you’ve not spent six months continuous outside the USA, a reasonable immigration officer can say you’ve broken the continuous residency requirement.

 

I would advice you should not spend more than six month out at a stretch but also if possible spend at least a total of six months or more here in the USA.

 

Abandoning Permanent Resident Status

You may also lose your permanent resident status by intentionally abandoning it, including but not limited to:

• Moving to another country and intending to live there permanently;
• Declaring yourself a “nonimmigrant” on your U.S. tax returns; or
• Remaining outside of the United States for an extended period of time, unless it’s a temporary absence, as shown by:
  • The reason for your trip;
  • How long you planned to be absent from the United States;
  • Any other circumstances of your absence; and
  • Any events that may have prolonged your absence.

• Note: Obtaining a re-entry permit from USCIS before you leave, or a returning resident visa (SB-1) from a U.S. consulate while abroad, may help show that you planned for this to be a temporary absence.

 

Does travel outside the United States affect my permanent resident status?

Permanent residents are free to travel outside the United States, and temporary or brief travel usually does not affect your permanent resident status. If it is determined, however, that you did not intend to make the United States your permanent home, you will be found to have abandoned your permanent resident status. A general guide used is whether you have been absent from the United States for more than a year. Abandonment may be found to occur in trips of less than a year where it is believed you did not intend to make the United States your permanent residence.

 

While brief trips abroad generally are not problematic, the officer may consider criteria such as whether your intention was to visit abroad only temporarily, whether you maintained U.S. family and community ties, maintained U.S employment, filed U.S. income taxes as a resident, or otherwise established your intention to return to the United States as your permanent home. Other factors that may be considered include whether you maintained a U.S. mailing address, kept U.S. bank accounts and a valid U.S. driver’s license, own property or run a business in the United States, or any other evidence that supports the temporary nature of your absence.

 

Knowing all these things, use your judgment and be scrupulously careful because a break could mean starting all over again. Some interviewing officers can be inflexible.

 

Good luck!

[mam521 1,735]

18 hours ago, Mevora said:

None and I'll make sure that doesn't happen. Also I am maintaining my company in the US. 

 

I just want to say that meeting the residency requirement requires YOU to be present, irrespective of your business.  Just because you maintain a business in the US doesn't excuse the requirement for you to be present.  The others have warned of the scrutiny you may face.  

[Boiler 43,513]

The requirements are fairly clear and I certainly do no recollect mention of your Company being in any way relevant to a N400.

 

This question seems to be one more of priorities, choose and everything follows 

[Mevora 11]

Thanks everyone for the feedback. I'll be cautious and be back soon then