GC to Citizenship - Break in continuous residence question


ms20

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Hi, 

I got my GC on Jan 30, 2015, so will be eligible to apply for U.S Citizenship Feb 2020.

Since I got my GC I traveled twice out of the country

1) for 29 days to India Feb to March 2015.

2) 4 day weekend trip to Canada in Aug 2016.

Now, I am planning to travel to India in March and stay for 158 days returning in August, which totals to 191 days outside U.S in the 5 years since I got my green card. 

I looked at the USCIS website and found the following info, which is confusing to me. In the text below, is less than 181 days requirement a cumulative calculation of total days for all visits out of U.S. during the entire 5 years since approval of green card or is it for the out-of-country visits in one calendar year? I'd like to know, is there a risk of violating the continuous residence requirement if I travel for 158 days now... should I shorten duration of my upcoming trip? 

USCIS website info -

USCIS will consider the entire period from the LPR admission until the present when determining an applicant’s compliance with the continuous residence requirement.

An absence of more than six months [more than 181 days but less than one year (less than 365 days)] during the period for which continuous residence is required is presumed to break the continuity of such residence. This includes any absence that takes place prior to filing the naturalization application or between filing and the applicantÂ’s admission to citizenship.


Thanks,
ms20

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  • 1 year later...

My family is completing 4 years of continuous residency in US since getting the greencard. My daughters are planning to start their college in India, and also maintain the continuous residency requirement by travelling to USA every 5 months or so (each trip less than 180 days). Me and my wife will stay in USA and file our taxes here. I expect this to continue for at-least 2 years until they become citizens.

 

1. Is attending 4 year college abroad considered "Moving to another country, intending to live there permanently."? Can this be considered unintentional abandon of their green card? Can my kids be asked to give up their green card after multiple 5 month visits outside the country?

2. Will multiple 5 months trip be considered a violation of continuous residence requirement?

3. Is it advisable to apply for Advance Parole for these 5 month long trips?

 

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