GC to Citizenship - Break in continuous residence question

[ms20]

Hi,

I got my GC Jan 30, 2015 so will be eligible to apply for U.S Citizenship Feb 2020. Since I got my GC I traveled twice out of the country 1) for 29 days to India Feb to March 2015. 2) 4 day weekend trip to Canada in Aug 2016. Now, I am planning to travel to India in March and stay for 158 days returning in August, which totals to 191 days outside U.S in the 5 years since I got my green card.

I looked at the USCIS website and found the following info, which is confusing to me. In the text below, is less than 181 days requirement a cumulative calculation of total days for all visits out of U.S. during the entire 5 years since approval of green card or is it the 181 days limit for the out-of-country visits in one calendar year? I'd like to know, is there a risk of violating the continuous residence requirement if I travel for 158 days now... should I shorten duration of my upcoming trip?

USCIS website info -

USCIS will consider the entire period from the LPR admission until the present when determining an applicant’s compliance with the continuous residence requirement.

An absence of more than six months [more than 181 days but less than one year (less than 365 days)] during the period for which continuous residence is required is presumed to break the continuity of such residence. This includes any absence that takes place prior to filing the naturalization application or between filing and the applicantÂ’s admission to citizenship.

Thanks,
ms20

[newacct]

Hi,

I got my GC Jan 30, 2015 so will be eligible to apply for U.S Citizenship Feb 2020. Since I got my GC I traveled twice out of the country 1) for 29 days to India Feb to March 2015. 2) 4 day weekend trip to Canada in Aug 2016. Now, I am planning to travel to India in March and stay for 158 days returning in August, which totals to 191 days outside U.S in the 5 years since I got my green card.

I looked at the USCIS website and found the following info, which is confusing to me. In the text below, is less than 181 days requirement a cumulative calculation of total days for all visits out of U.S. during the entire 5 years since approval of green card or is it the 181 days limit for the out-of-country visits in one calendar year? I'd like to know, is there a risk of violating the continuous residence requirement if I travel for 158 days now... should I shorten duration of my upcoming trip?

USCIS website info -

USCIS will consider the entire period from the LPR admission until the present when determining an applicant’s compliance with the continuous residence requirement.

An absence of more than six months [more than 181 days but less than one year (less than 365 days)] during the period for which continuous residence is required is presumed to break the continuity of such residence. This includes any absence that takes place prior to filing the naturalization application or between filing and the applicantÂ’s admission to citizenship.

Thanks,
ms20

No. It is not cumulative. It's 6 months in a single absence. However, if multiple absences are close together, they might consider it one big absence.

[ms20]

Thank you!