Continuous residence - Traveling on LPR

[solutions_explorer@yahoo.com]

Hi,

 

I have heard many times from people that LPR should be in U.S. for 6 months every year.

We live and work here in U.S and only want to maintain residence here and very much looking for USC. 

Question is Can an LPR stay outside of US for more than 6 months in home country for health reasons during multiple trips? I am aware of the single trip not more than 6 months rule and we've covered that and want to make sure if we are jeopardizing our continuous residence rule. Also this trip for health reasons and last three yrs residence on LPR was here in U.S.

 

Thank you!

[JoeF]

An LPR needs to LIVE in the US. THAT is the main issue.

All travel abroad has to be temporary in nature, with a clear ending date. You could lose the GC as soon as you travel abroad if that travel is not temporary.

The 6-months issue has nothing to do with the calendar year. It is about the duration of a trip, even if the trip crosses calendar years.

For trips over 6 months, you would seek admission to the US, which has certain inadmissibility rules.

Also, a trip over 6 months in length breaks the continuous residency requirement for naturalization.

 

I am not quite sure what you mean with "health reasons". Health care in the US is better than in most other countries...

[Attorney_21]

The GENERAL rule is that a trip longer than 6 months "can" result in abandonment of legal residence (and a trip longer than one year "does" result in abandonment). There's NO requirement that you spend 6 months of each year physically in the United States to maintain your residence - although you always have to keep "indicia" of residence (paying taxes, physical abode, driver's license, bank accounts, NOT claiming to be a "non-resident" for tax purposes, etc.) 

 

For citizenship purposes - you need to show that you have been in the U.S. physically for half of the 3 or 5 year period required to qualify. There's no "yearly" physical presence requirement. (And physical presence and legal residence are two separate issues, in any case).

[solutions_explorer@yahoo.com]

Thank you for the clarification. Do you have reference for this if you don't mind sharing?

I think we satisfy other rules, just that this year my family needs to be in home country for more than 6 months in this yr. 

[solutions_explorer@yahoo.com]

An LPR needs to LIVE in the US. THAT is the main issue.

All travel abroad has to be temporary in nature, with a clear ending date. You could lose the GC as soon as you travel abroad if that travel is not temporary.

The 6-months issue has nothing to do with the calendar year. It is about the duration of a trip, even if the trip crosses calendar years.

For trips over 6 months, you would seek admission to the US, which has certain inadmissibility rules.

Also, a trip over 6 months in length breaks the continuous residency requirement for naturalization.

 

I am not quite sure what you mean with "health reasons". Health care in the US is better than in most other countries...

 

Thanks for your response. I am aware of the 6 month rule and last trip was between 5-6 months. Main concern was around staying in home country for the duration of more than 6 months from multiple trips in a calendar year. I just wanted to make sure I am not ignoring any rule here.

[JoeF]

Thanks for your response. I am aware of the 6 month rule and last trip was between 5-6 months. Main concern was around staying in home country for the duration of more than 6 months from multiple trips in a calendar year. I just wanted to make sure I am not ignoring any rule here.

 

As I said, it is not about the calendar year.

Each trip abroad has to be temporary in nature and should not be over 6 months in duration.

Of course, if a person is more abroad than in the US, the issue of "is that person really living in the US" may come up.