Hi, I have my GC for 2 yrs now and I need to be back in India for 2 yrs. I plan to somehow make it Jan2009 and stay for 6 months meeting the 30 months of presence rule and then apply for Citizenship. During the time I am out, if I come back once in 6 months will I be able to apply? What else can I do to keep the continuous residency valid?
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how to retain GC and be eligible for Citizenship
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continuous residency broken
Hello,
If you do it according to plan you will be "breaking" the continuous residency rule.
You should be physically present here for 2.5 years..that you will achieve but...
There should not be any absence from USA for more than 6 months..that will reset your clock for requirement of residency and you will need to wait 4 yrs from when you come back i.e 2013.
One loophole in that is that if you maintain your residence here for 2 years then you can argue that you did indded intend to come back.
regards
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