continuous residence and physical presence questions

[sara88 1]

I'm eligible to apply for naturalization in December 2023. Since my green card was issued in March 2021, I made 3 trips overseas; the first one for 1.5 months, the second for 3.5 months, and the third one for 5.5 months. My main question is: Is it okay if I take another 5 months trip after staying in the US for only one month? It's because my parents are with delicate health and I would like to be with them. Would I have any problems when I come back? Would that put my chances of becoming a citizen at risk?

For the physical presence requirement, since my green card was issued I've been present in the US for 14 months, and outside the US for 10.5 months. By the time I'm eligible to apply (at 2 years and 9 months) in December 2023, do I need to have been present in the US for 16.5 months which is half the time of the 2 years and 9 months or 18 months which is half the time of 3 years?

Thank you.

[beloved_dingo 1,930]

36 minutes ago, sara88 said:

I'm eligible to apply for naturalization in December 2023. Since my green card was issued in March 2021, I made 3 trips overseas; the first one for 1.5 months, the second for 3.5 months, and the third one for 5.5 months. My main question is: Is it okay if I take another 5 months trip after staying in the US for only one month? It's because my parents are with delicate health and I would like to be with them. Would I have any problems when I come back? Would that put my chances of becoming a citizen at risk?

For the physical presence requirement, since my green card was issued I've been present in the US for 14 months, and outside the US for 10.5 months. By the time I'm eligible to apply (at 2 years and 9 months) in December 2023, do I need to have been present in the US for 16.5 months which is half the time of the 2 years and 9 months or 18 months which is half the time of 3 years?

Thank you.

From USCIS:

Applicants are required to show that they were:

• Physically present in the U.S. for thirty months within the five year period before applying, 
• 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

https://www.uscis.gov/citizenship/continuous-residence-and-physical-presence-requirements-for-naturalization

[NorthByNorthwest 215]

31 minutes ago, sara88 said:

I'm eligible to apply for naturalization in December 2023. Since my green card was issued in March 2021, I made 3 trips overseas; the first one for 1.5 months, the second for 3.5 months, and the third one for 5.5 months. My main question is: Is it okay if I take another 5 months trip after staying in the US for only one month? It's because my parents are with delicate health and I would like to be with them. Would I have any problems when I come back? Would that put my chances of becoming a citizen at risk?

For the physical presence requirement, since my green card was issued I've been present in the US for 14 months, and outside the US for 10.5 months. By the time I'm eligible to apply (at 2 years and 9 months) in December 2023, do I need to have been present in the US for 16.5 months which is half the time of the 2 years and 9 months or 18 months which is half the time of 3 years?

Thank you.

You are definitely pushing it a bit with multiple long absences, even if they are below the 6 month mark that would break continuous residence it can still raise questions:

 

"An officer may also review whether an applicant with multiple absences of less than 6 months each will be able to satisfy the continuous residence requirement. In some of these cases, an applicant may not be able to establish that his or her principal actual dwelling place is in the United States or establish residence within the United States for the statutorily required period of time."

 

Unless you are in a rush to become a citizen I would not do the N-400 the second you are eligible, in fact I'd even consider waiting and applying under the 5-year rule instead - it will require less paperwork and by then you've hopefully racked up a better balance of days in the US. 

[Chancy 6,233]

*** Moved from US Citizenship Progress Reports to General Discussion ***

 

[sara88 1]

5 hours ago, NorthByNorthwest said:

You are definitely pushing it a bit with multiple long absences, even if they are below the 6 month mark that would break continuous residence it can still raise questions:

 

"An officer may also review whether an applicant with multiple absences of less than 6 months each will be able to satisfy the continuous residence requirement. In some of these cases, an applicant may not be able to establish that his or her principal actual dwelling place is in the United States or establish residence within the United States for the statutorily required period of time."

 

Unless you are in a rush to become a citizen I would not do the N-400 the second you are eligible, in fact I'd even consider waiting and applying under the 5-year rule instead - it will require less paperwork and by then you've hopefully racked up a better balance of days in the US. 

Thank you for the answer. Putting aside the naturalization, do you know if I take trips of 4 or 5 months and then come back to the US for only one month and travel again for 4 or 5 months, would that put me at risk of losing my green card? or to be admitted in the US?

[Allaboutwaiting 2,480]

10 minutes ago, sara88 said:

Thank you for the answer. Putting aside the naturalization, do you know if I take trips of 4 or 5 months and then come back to the US for only one month and travel again for 4 or 5 months, would that put me at risk of losing my green card? or to be admitted in the US?

Absolutely. 

 

You will definitely be questioned by CBP and depending on their findings, they could consider you abandoned your permanent resident status. 

[NorthByNorthwest 215]

47 minutes ago, Allaboutwaiting said:

Absolutely. 

 

You will definitely be questioned by CBP and depending on their findings, they could consider you abandoned your permanent resident status. 

This. OP can reduce the risk of being suspected of abandoning resident status by applying for an I-131 reentry permit, even if the stay is shorter than 6 months:

• 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.

It's not a 100% safeguard, but better than nothing, especially if combined with evidence that OP has maintained strong ties to the US. The caveats for naturalization still apply, and she could still be found to have broken continuous residence which would reset the N-400 timer.

[SteveInBostonI130 3,319]

Determine what is more important - getting citizenship asap or being with your parents at this time.

 

If the latter, then wait to file the N400 under the 5 year rule - less evidence and simpler process.

[Mike E 11,722]

20 hours ago, sara88 said:

do I need to have been present in the US for 16.5 months which is half the time of the 2 years and 9 months or 18 months which is half the time of 3 years?

18 months. More precisely (366 + 365 + 365) / 2 = 548 days.

 

But that is merely the necessary amount of time. It might not be sufficient.
 

This case had an RFE because the applicant was averaging 160 days per year of absence in the 5 year period:

 

 https://www.visajourney.com/forums/topic/793074-n-400-notice-of-continuance-how-to-prove-immediate-family-remained-in-the-us/

 

Your other potential problems are:

 

* where is your spouse during these 5 month trips abroad? The 3 year rule requires you to be living in a marital union for 3 years with a U.S. citizen.

 

* you need to be residing continuously in one state for 3 months before you file N-400, and the same must be true when you interview and again when you take oath. Spending the majority of those 3 months inside your state is convincing evidence of continuous residency

 

* by law you must also be continuously residing in the U.S. between date of filing and date interview. 

 

[OldUser 4,738]

5 minutes ago, Mike E said:

* where is your spouse during these 5 month trips abroad? The 3 year rule requires you to be living in a marital union for 3 years with a U.S. citizen.

The OP got GC through WAVA.

 

5 year is the path to go, unless OP wants to deal with physical presence and difficulties associated with obtaining GC through WAVA.

 

Am I right to assume the OP would essentially have to reprove all marital stuff and answer uncomfortable questions under 3 year rule filing?

 

Edited March 25, 2023 by OldUser

[Mike E 11,722]

2 minutes ago, OldUser said:

The OP got GC through WAVA.

 Not in the OP. I am slowly learning that contributors need to comb through post history before helping.

 

2 minutes ago, OldUser said:

Am I right to assume the OP would essentially have to reprove all marital stuff and answer uncomfortable questions under 3 year rule filing?

 

It can happen even under the 5 year rule, but I agree it is more likely under the 3 year rule.

[OldUser 4,738]

 

 

19 minutes ago, Mike E said:

It can happen even under the 5 year rule, but I agree it is more likely under the 3 year rule.

 

Thank you for confirming my understanding on this.

Edited March 25, 2023 by OldUser

[Mike E 11,722]

Just now, OldUser said:

@sara88 is OP in this split thread, unless you consider OP to be a person who posted in parent thread?

OP:

 

1. original post

2. original poster

 

Per definition 1, vawa is not mentioned in the original post. If the mods have merged the posts I am not seeing it. 
 

Now utterly confused

[OldUser 4,738]

3 minutes ago, Mike E said:

OP:

 

1. original post

2. original poster

 

Per definition 1, vawa is not mentioned in the original post. If the mods have merged the posts I am not seeing it. 
 

Now utterly confused

Please ignore, misunderstood your message. Edited since.

Edited March 25, 2023 by OldUser

[sara88 1]

4 hours ago, SteveInBostonI130 said:

Determine what is more important - getting citizenship asap or being with your parents at this time.

 

If the latter, then wait to file the N400 under the 5 year rule - less evidence and simpler process.

The 3 year rule and the 5 year rule is something one must choose like from and option in a form? Like announcing to USCIS I'm filing under the 3 year rule?

 

how much less evidence and simpler is under the 5 year rule?

can you share some links with information about that?