Eligibility Questions due to absence


Recommended Posts

JoeF Please reply 

I have completed my application and have 5 trips out of US in last five years and durations are

1. 28 Days 

2. 275 Days 

3. 80 Days 

4. 178 Days

5. 181 Days 

I just completed 30 months of continues residence please let me know if I am eligible? Or my application will be denied. 

Link to comment

Sorry, my Crystal Ball is out for repair...

Seriously, why do you think I would know if your application would get denied?

You have to fulfill the requirements as specified in the law. USCIS has a work sheet for that on their website.

Please do your homework...

Link to comment

Thanks for your response and just need to know if you have any idea/experience/knowledge  about cases in which absence from US  is more than 6 months but less than one year. I have completed all worksheets calculated each day out of US but need further clarification about one time absence of more than 6 months.

Link to comment

As I explained to you in your other thread: http://forum.murthy.com/index.php?/topic/100970-6-months-rule-and-eligibility/

You need to see a lawyer.

A stay abroad over 6 months breaks the continuous residency requirement, unless you can convince the examiner otherwise.

And that depends on your actual situation. Were the trips abroad temporary in nature? Did you continue to maintain a US residence? Did you work abroad? Have you filed US tax returns? Have you declared your worldwide income on the US tax returns? Etc. etc. etc.

And as I said in the other thread, simply traveling to the US once in a while doesn't help with maintaining the GC.

Link to comment


This topic is now archived and is closed to further replies.