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For residency, how is 6 months defined?

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  • For residency, how is 6 months defined?

    Hi,

    I have a question regarding the 6 months residency requirement. Here is my situation:

    My wife and I applied for citizenship in March, 2007.
    My wife got her interview in August and become an U.S.
    citizen in Septemper, 2007. So far I have not heard
    anything from the USCIS yet.
    Due to my personal reasons, I have to go abroad frequently in the next couple of years. My question is: how long shall I stay in U.S. each year (calender
    year or any consecutive 365 days, I don't know which apply) in order to maintain my continuity of residency?
    I checked on the USCIS website, and I find that they
    mentioned that each single trip shall not last more
    that 6 months. But they did not specify whether I
    should stay in U.S. at least 6 months each year. Since
    I have already stayed outside U.S. for the past 3 month
    I need to figure out whether I should come back in June the
    latest in order to avoid any potential legal issues.

    My ultimate question is: how was this 6 months defined? Is it a single trip more than 6 months, or is it 6 months accumulated per calender year, or is it 6 months total after I send my application?

    Please advise.

  • #2
    Originally posted by zeemoo
    Hi,

    I have a question regarding the 6 months residency requirement. Here is my situation:

    My wife and I applied for citizenship in March, 2007.
    My wife got her interview in August and become an U.S.
    citizen in Septemper, 2007. So far I have not heard
    anything from the USCIS yet.
    Due to my personal reasons, I have to go abroad frequently in the next couple of years. My question is: how long shall I stay in U.S. each year (calender
    year or any consecutive 365 days, I don't know which apply) in order to maintain my continuity of residency?
    I checked on the USCIS website, and I find that they
    mentioned that each single trip shall not last more
    that 6 months. But they did not specify whether I
    should stay in U.S. at least 6 months each year. Since
    I have already stayed outside U.S. for the past 3 month
    I need to figure out whether I should come back in June the
    latest in order to avoid any potential legal issues.

    My ultimate question is: how was this 6 months defined? Is it a single trip more than 6 months, or is it 6 months accumulated per calender year, or is it 6 months total after I send my application?

    Please advise.
    You just answered your own question. So where's the confusion? Read your posted message again and you'll find your answer.

    Comment


    • #3
      Thank you but....

      OK. The reason I am asking is that different lawyers gave me different answers. Some suggest I should spend at least 6 month in U.S. each year. Some suggest I should flay back to U.S. every 3 months. I know the information I dig out from USCIS website says each single trip should not last for more than 6 months. But I want to take precautions since I heard so many different stories.

      For example, if for this year I have to spend two weeks in U.S. every 3 months , then at the end of the year, I have totally spend 11 months oversea, yet each single trip last less than 3 months. Will USCIS consider that I have fulfilled the continuity of residency or will they consider that I have abandon the residency? I know if I interpret the word on USCIS website specifically then I should be OK. But so many people have different opinions make me want to double check. I don't want to face the situation that USCIS might deny me based on the fact that I spend most of the year oversea. And in fact that my intention is reside in U.S. in the long term, it just so happened that I have to spend sometime outside U.S. for family issues this year. And if they process my case timely, I should have already got my citizenship six months ago!

      BTW, I heard that when they interview you, they pull out all your record on when you leave and re-enter U.S., so I don't know how they actually use those information.

      Please be patient with me if you know a clear answer to my question. I just need clarification from knowledged people here.

      Comment


      • #4
        Hello Gurus,
        even i am also looking for the same answer....i will be ready to apply for the CTZship next year April...mean time i want to go to india for about 4-5 months not more than 6 months though....so i am wondering as i already been to india in the past years for about 5 months in total (from the time i got my GC),if i go now would my travel be Okay? please advise me....

        thanks
        soumya

        Comment

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