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Part 9 (time outside US) question

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  • Part 9 (time outside US) question

    I have a quick question regarding part 9 (time outside US).

    I became a green card holder in 2005, but was out of the country in Asia from Aug 2008-Aug 2012. I came back in mid-Aug 2012 to start college, and have been here ever since. I realize I can apply now under the 4 years 1 day rule, but do I need to write down my trip from Aug 2008-2012 since it's telling me to write trips from the last 5 years?

    Or is this a loose definition of 5 years meaning 4 years x number of days?

    Thanks.

  • #2
    Originally posted by Wooseok Ki View Post
    I have a quick question regarding part 9 (time outside US).

    I became a green card holder in 2005, but was out of the country in Asia from Aug 2008-Aug 2012. I came back in mid-Aug 2012 to start college, and have been here ever since. I realize I can apply now under the 4 years 1 day rule, but do I need to write down my trip from Aug 2008-2012 since it's telling me to write trips from the last 5 years?

    Or is this a loose definition of 5 years meaning 4 years x number of days?

    Thanks.
    You only need to report what happened in the past five years in the strictest sense. It's true that your residency was broken longer than a year but nobody cares about it. Assuming you are applying in 2016. Then five years ago, in 2011, you broke your residency. So you report that 2011-2012 you were abroad. Then from 2012-2016 you are here.

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    • #3
      Originally posted by TheEpsilonChaser View Post
      You only need to report what happened in the past five years in the strictest sense. It's true that your residency was broken longer than a year but nobody cares about it. Assuming you are applying in 2016. Then five years ago, in 2011, you broke your residency. So you report that 2011-2012 you were abroad. Then from 2012-2016 you are here.
      I am in the same situation.

      Kindly help me with this confusion. My friend residence since 08/26/2010 got her Green card. She went to her country back to complete her studies which break her continuous residence. Below is her travelling history.

      Became Permanent residence 08/26/2010
      Travel back to country 03/23/2011-12/27/2011 which is more than 6 months but less than a year.


      Since 12/28/2011 She never travel and she is here in U.S. Her 5 yrs of continuous residence will be on 12/28/2016, Is she eligible to file 90 days early which is 09/28/2016 because I heard you can file 90 days early before meeting continuous residence. She called USCIS and the L1 officer told her the same thing that she can file 90 days early of 12/27/2016. If someone had the same situation kindly please share your experience.

      From where to write address from 12/27/2011?

      Comment


      • #4
        Originally posted by syedair View Post
        I am in the same situation.

        Kindly help me with this confusion. My friend residence since 08/26/2010 got her Green card. She went to her country back to complete her studies which break her continuous residence. Below is her travelling history.

        Became Permanent residence 08/26/2010
        Travel back to country 03/23/2011-12/27/2011 which is more than 6 months but less than a year.


        Since 12/28/2011 She never travel and she is here in U.S. Her 5 yrs of continuous residence will be on 12/28/2016, Is she eligible to file 90 days early which is 09/28/2016 because I heard you can file 90 days early before meeting continuous residence. She called USCIS and the L1 officer told her the same thing that she can file 90 days early of 12/27/2016. If someone had the same situation kindly please share your experience.

        From where to write address from 12/27/2011?
        When you apply for N400, the USCIS is completely oblivious your entry and exit record beyond 5 years. So yes the tier one officer is correct. If your friend has never traveled outside the US since 12/28/2011, she can apply 90 days prior to 12/28/2016.

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