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NAturalisation - period of stay in US -resident status

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  • NAturalisation - period of stay in US -resident status

    Green card holder. Obtained on 2/12/2018. To become citizen green card holder to stay for 180'days in a year. Stayed accordingly for 2 years.
    For the 3rd year because of Covid 19, cancellation of booked ticket by the Airlines, Travel ban at India we could not reach US within 180 days of our leaving US but could reach after 11 months- within a year. Now my worry is whether this year's arrival/stay will be considered for the 3rd year's stay. If this is considered we have to stay for another 6minths each in the next coming 2 years. My point is whether our 3rd year's stay will be eligible as resident status. If there are any other friends like me you can put your ideas to me.

  • #2

    "A trip of more than 6 months but less than one year is presumed to break your continuous residence. While a trip 12 months or longer will definitely break your continuous residence."

    In a way, it is good that you returned in 11 months. That the immigration agent let you re-enter without any issues is a good sign. So even though you failed the physical presence test, it is possible to overcome the presumption that you disrupted continuous residency with proper evidence.

    You will have to prove US residence by providing documentary evidence for the period - rent or mortgage payments, utility bills, insurance (auto, home/renters etc) on that address etc. Continuous employment in the US is also a good indicator, so if you worked remotely, save your pay stubs. Keep proofs of all the above for the your stay out of US.

    IMO, you are okay. Your out-of-US stay was not deliberate, it is due to pandemic. So you have a valid reason, have proof of original travels plans (tickets showing return within 6 months) then the India travel ban announcement etc. Just make sure you gather as much documentary evidence as possible and fill every other residency requirement before you apply for naturalization.(Download the N400 instructions and review the residency requirements.)

    If you are still worried, then you could talk to a lawyer or you could also wait longer before you apply for naturalization so that you do not have to report the extended absence.


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    • #3
      I agree with arkaa on the analysis of the situation. since the global pandemic is a pretty significant event that affected a lot of travel especially for the elderly and high risk group, you should have a strong case to make when you apply for your citizenship in a couple of years.

      Make sure you have accumulated 30 months of physical presence i.e you have to have physically lived in US for at least 30 months cumulatively in the 5 years window since you got the green card.

      Good luck.

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