Register

Maintenance of Continuous Residence following Legal Permanent Resident Status

This is a discussion on Maintenance of Continuous Residence following Legal Permanent Resident Status within the Off-Topic Forum forums, part of the Off-Topic Area category; According to USCIS website, one of the conditions of establishing residency is to be present for a period of 6 months out of the year. ...

Results 1 to 2 of 2
  1. #1
    Milky Way
    Member #
    22502
    Join Date
    Feb 2018
    Posts
    13

    Maintenance of Continuous Residence following Legal Permanent Resident Status

    According to USCIS website, one of the conditions of establishing residency is to be present for a period of 6 months out of the year. My parents arrived in November 2017 on an LPR status.


    It is unclear to me if the 6 month rule is per calendar year (january to january) or per year since the date of arrival (november to november)?

  2. # ADS
    Ads


  3. #2
    Milky Way
    Member #
    22554
    Join Date
    Apr 2018
    Posts
    8
    It's not 6 months out of one year. It's any trips that lasted 6 months or longer in the last 5 years dating back from when you file the Form N-400 https://usimmigrationforms.com/n-400/
    Let's say your parents want to file for naturalization in November 2022.
    (They can actually file 3 months early in August 2022 IF they meet both the continuous residence and the physical presence requirements.)
    From November 2017 through November 2022, if they stayed abroad for more than 6 months at a time, it will likely break the continuity of residence, and their clock starts from the date they return to the US from that trip.
    Any trips that last more than 6 months but less than 1 year will generally break the continuity of their residence unless they can provide evidence that they have maintained residence in the US, e.g., owning a house in the US, having filed the taxes in the US every year, and/or having immediate family members residing in the US.
    And any trips that last more than 1 year will almost always break the continuity of residence unless I-470 or some other pre-approved requirements were met. However, if the trip lasted more than a year but did not last more than two years, the "4-year-and-1-day rule" could be applied. You can look this up on your own.
    This does not mean that you can just stay abroad for 3 months, stay in the US for one month, leave and stay abroad for another 3 months, and so on. While this is not an automatic disruption of continuity, it can and will likely be viewed as not having satisfied the continuous residence.
    (According to the USCIS policy manual, an officer may also review whether an applicant with "multiple absences of less than 6 months" will be able to satisfy the continuous residence and physical presence requirements.)
    If your parents' main objective is to maintain their permanent resident status only, they can stay abroad for up to two years at a time after getting their re-entry permits. By doing so, they will be able to maintain their permanent resident status, but their 5-year clock for naturalization will start from 0 days when they come back. Requirements for maintaining legal permanent resident status and requirements for filing for naturalization are not exactly the same.
    Last edited by Helga66; 05-19-2018 at 02:58 AM.

 

 

Remove Ads

Ads

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Similar Threads

  1. Help me Gnex are permanent reboot.
    By Novato30 in forum Galaxy Nexus Help
    Replies: 4
    Last Post: 04-06-2013, 07:11 AM
  2. Replies: 12
    Last Post: 11-17-2012, 03:51 AM
  3. Maintenance update
    By Tick in forum Galaxy Nexus General Discussion
    Replies: 12
    Last Post: 04-23-2012, 08:53 AM
  4. Wifi/network status in status bar?
    By Cheetohz in forum Galaxy Nexus Apps
    Replies: 1
    Last Post: 02-13-2012, 09:45 PM