Continuous Residency Question


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Hello Experts,

My GC (EB2) application was approved on 2/18/2012. My spouse’s application was approved on the same day.
As I understand, we are eligible to file for citizenship 11/23/2016 (90 day early file rule).
My travel history is- Total 130 days out of US since 2012 (9 trips with longest trip of 40 days)- I don’t think there is any issue here.
However, regarding my spouse’s application (although I think she meets the eligibility criteria), I need your inputs/validations if there’ll be any issues during interview or application process considering her trips were of slightly longer duration (although less than 180 days each time)

Here are her trips:

May 2016 – July 2016 (60 days)

Dec 2015 (3 days)

July 2015 (4 days)

Sep 2014 – Jan 2015 (107 days)

Nov 2012 – Feb 2013 (94 days)

April 2012 – June 2012 (60 days)

Total: 328 days out of US as of today

First Question

Now that we are doing early filing (in next few days) – do you foresee any issues with application or interview with respect to continuous residency requirement (especially for time away during 2012-2014)? Do we need to wait for sometime to file?

Second question (separate topic), selective service ( qn:are you a male who live in US between 18 and 26?)- I was in US between age of 18 and 26 but on H1 Visa. I thought I need to answer Qn 44 (A) as NO - as it clearly says it does not include living in US as lawful non-immigrant). However, I went to selective service website to look myself up and found that my name is registered there. Not sure how I got registered, may be inadvertently registered when getting drivers license. QN is - What should I answer 44A ( Yes or NO ) in this situation?

If answer NO, do I need to provide registered date or registration number in 44B?

Your expert inputs are highly appreciated!

Thank you!

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For the continuous residency requirement, you need to be present for 2.5 years of the 5 years prior to applying with each trip lasting less than 6 months so you seem to be fine there.

For your second question on selective service, you really need legal consultation in this matter for full detailed evaluation of your case. You can consult Murthy lawyers. They are quite affordable and give excellent service.

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Every male between 18 and 26 is required to register for Selective Services, except people in valid non-immigrant status. So, on H1, assuming you never went out of status,  you were not required to register. People who are out of status are not in a valid non-immigrant status, and are technically required to register for Selective Services.

Having registered even if you were not required to does not have any drawbacks.


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Thank you everyone for your inputs. I have mailed in mine and my spouse's application. 

Regarding, SS question. I have selected the option as "No" but provided registration number(wrote with pen as system did not allow upon selecting option No). To avoid any queries, I attached two letters one from SSS with registration details and another with self explanation(disclosure of registration). 

Hope all goes well!



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