Continuous residence - stayed more than 6 months on greencard

[jimmyhere]

All

 

I got my green card on Aug 17th 2009.

Till now I have made 6 trips to India and out of those 6, I have stayed more than 180 days twice. [11/16/2010 to 5/26/2011 - 191 days and 8/17/2012 to 4/10/2013 -236 days).

 

after I got my green card, I have stayed  in USA for 40 Months till now.

 

Question. I cannot apply for citizen ship until I complete 5 years on green card. Since I have overstayed in 2013,  do I have to count my 5 year stay fresh from May,2013 or is there a way I can use the time I spend in USA from 8/17/2009 to 8/17/2012 to make up my 5 year on green card requirement to apply for citizenship?

 

Greatly appreciate the help..

 

thanks

Jimmy

[Attorney_21]

This is a complicated question - you should consult with an attorney.

 

To qualify for citizenship, you need to meet both the "physical presence" requirement (physically in the USA for half of the 3 or 5 year qualifying period) - you literally just count the days that you've physically been in the US in the past 3 or 5 years.

 

You also need to meet the continuous residence requirement - trips longer than 180 days "may" stop the clock and force you to start over again (but may not, if you have an explanation for the long absence that's consistent with not abandoning your residence). Trips longer than one year "do" stop the clock, and you need to start again.

 

If you do not have a satisfactory explanation for the long absence, then the clock restarts from your return from that trip (you don't actually need to have the full 5 or 3 years again - you would need to accrue 4 years and i day (or 2 years and 1 day) after your return from the trip that interrupted tour legal residence (it's too complicated to explain why in this forum)

 

But, talk to an attorney to get a legal analysis of your situation before you do anything.

[JoeF]

Generally, the continuous residency is broken if the person travels out of the country for a duration of more than 6 months.

It can possibly be overcome by providing lots of evidence that the continuous residency wasn't broken.

You should discuss your particular situation with a good immigration lawyer.