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Did I break the continuity of presence? Do I need a lawyer?

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  • Did I break the continuity of presence? Do I need a lawyer?

    I became a lawful permanent resident in September, 2004. Since then I had 4 trips outside of the United States, for 178 days, 182 days, 110 days and 168 days.In all of them I traveled to my native country.Almost all my trips start in September and end in March. The trip with 182 days outside of the US possibly should be considered for 6 months (although 2008 was a leap year).
    I am the only child of my parents, who still live abroad. I had to help them with some health issues and that was the reason for my absences.
    During my trips I have not abandoned the United States. I am employed all the time while I am in the US ( last three years at one and the same company), I payed my taxes, I payed my car inssurance, cell phone bills without suspending them. I rent one and the same apartment.
    Should I consider these 182 days as 6 months or more? What is the correct answer to that question in the application for naturalization .Does it mean I broke my continuous of presence?
    Should I write an explanatory letter, or ot is better to hire a lawyer?
    I would really appreciate your answers.

  • #2
    No need to hire a lawyer.

    Any partial day spent in the U.S. counts as a full day in the U.S., so you wouldn't count the day you left and returned to the US during the 180+ day trip. The purposes of trips do not matter when it comes to continuity of residency (unless your a US soldier traveling on orders or something like that).

    For trips between 6-12 months if you can prove that you did not abandon your residence you'll be okay. You should explain the situation to the officer at the time of your interview. In addition you should bring proof that you did not abandon your residence during the trips, such as pay stubs from your job from before and after the trip, lease agreement for your apartment, bills, bank statements, and other evidence of financial activity during the trip, and tax returns (federal and state, if you have any).

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