How long Can US Green Card Holders Stay Outside of the USA…And Still Qualify for Naturalization?
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- เผยแพร่เมื่อ 28 ส.ค. 2024
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In this video, Immigration Attorney Parviz Malakouti explains the "continuous residence" requirement of a naturalization application, and explains the commonly misunderstood difference between the "continuous residence" test and the "physical presence" test in naturalization applications.
REFERENCES
1) USCIS Policy Manual, Chapter 3, "Continuous Residence" - www.uscis.gov/...
2)USCIS Policy Manual, Chapter 4, "Physical Presence" -www.uscis.gov/...
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thank you! I still have a question. What is the difference between physical presence and continuous residency in the USA. I had more than 6 months and less than a year of absence from the USA, but I have all the ties with the USA, distant employment for the USA company, while outside of the USA, banking, taxing, same residence etc. But I might have not physically been present for 180 days in the USA, but I kept my ties here all that time. Do I qualify or not?
What if my husband and I leave the US multiple times but each visit is under 6 months? assuming that we did spend more than 1.5 yrs in america out of the 3 years we will be married in order to apply for citizenship. What if we leave the us multiple times for 1-5 months each time? problem or no?
As mentioned in the video, it depends on aspects of your life which would show whether you've broken continuous residence. You can book a consultation if you want to discuss further.
I’ve been out of the us for more than 6 months twice during the past 5 years. The reasons are that my husband was still overseas and waiting for his green card interview and second because of some sort of medical issues. My question is would these be good excuses to be eligible for naturalization? I’ll really appreciate your reply thanks a lot 🙏
Did you applied for citizenship?
How do I prove I didn't work whilst abroad? My husband remained in the states when I was away, im guessing his passport would prove that to them? He stayed in our apartment when I was gone, a month to month lease and we filed for our taxes together. I hope that proves to them I remained tied here.
Income tax return and declaration. Good luck.
If a child with a US green card is taken by the mother to their home country for several years, and now the child is an adult (21 yrs of age) and he wishes to return to the US, can he do that? or has he lost his U.S. green card altogether? He had lived in the U.S. for about 3.5 years before his mother decided to move back.
Did you ever find the answer for this question. I have a very similar situation, except that I lived in the US for about 5.5 years.
@@brahmsvelkoski709 Hi there, I have not.I received a suggestion to hire a lawyer for guidance/assistance. My nephew (the child in my situation) has decided to not return to the U.S. as the reason for his inquiry was to ultimately bring his mother and other siblings back to the US. Only one of his siblings is in his similar situation with a green card and the other was born after he was taken back to his home country by his mother. I do not wish to sponsor them again as it was such a nightmare to bring them here in the first place. I wish you a resolution to your situation.
Thanks for information, is it possible to study 3 year undergraduate degree outside US? while having a green card?
You have to file for permission to be outside the time you will be away
Does being married to a US citizen considered a proof by itself. Will I lose my green card if I stay outside US for more than a year being married to a US citizen.
Hi,Mr Parvis. Can you help me understand for how long a green card holder is expected to remain in the US within a 12 month duration . Is she allowed to travel in and out of the United States, say, every 4 months, for Example?
I made a few videos to try to explain the concept. The reality is that it depends on each person’s circumstances: If you want to discuss your situation, you can book a consult with my office.
I got the green card Nov 2019 and since that time till now (Sep 2022) I have been outside the US three times (one for 177 days, another for 113 days and the last one for 75 days) all the periods have been less than 180 days however I wonder how long you can stay outside the US out of that 5 years period between green card and naturalization as long as each period does not go beyond the 180 days?
You should book a consultation to discuss.
Can we travel less than 6 months while we recount on naturalization period .. i mean can i travel outside like 2 months while i am counting 4 years and 1 day to citizenship ?
Hi
My son received a green card 4 months ago... But he planned to travel outside U.S.A to Visit me in Jordan... People told him he must stay contigous 3 years in U.S otherwise the card will be cancelled.
Please help with your info about this and if showing a document will be much better.
Regards
Feel free to book a consultation with our office if you'd like to discuss.
If 5 months out then brief come back to us and then overseas again, does it count as more than six months?
For one time, no. But if you do that several times, at some point your continuous residence may be challenged. Good luck.
what if you satyed out of the state for 11 months and you did not maintain any ties with the state when can you apply for citizenship
Depends on a number of factors. To discuss your situation, feel free to book a consultation with our office. Thanks!
Should i get re-entry permit if I stayed outside the US for 8 months???
Hi Mr.Parviz. I might be outside the U.S for one more year since the Covid-19. Do you think getting my online class grade transcript during the period is one of the strong proofs to show them that I still have the link with the U.S? Thank you!
Maybe! Would need more information to be able to tell you. You can book a consultation if you like.
Thanks for information but one question.
What if someone complete 4 years and 9 months and than go out and stay for 8 months . Does the rules still stay the same ?
I’m married to an American citizen but we are living in Canada and we aren’t planning to move to the US anytime soon. Should I start the green card process now and once I get the green card I can keep going to the states at least once every 6 months to keep my residency, will that work? Especially that it will be hard for me to get a visitor visa to visit family there.
I over stayed for 8 months once after getting my green card due to non availability of flights due to Covid can I apply for citizen ship
Depends on many factors as I describe in the article below.
www.malakoutilaw.com/howtoprovecontinuousresidence
Hi if I bieng outside the United States 2 months every year for 3 years..that affects my naturalization?like went to Africa 2018 2019 and 2021
Perhaps. Good luck to you.
Im outside the usa for 2 yrs.. is my greencard cancelled?
Does it matter how many times you’re out for more than 6 months? I was out for 2-3 times in 5 year period
Yes - it can possibly affect a person's fulfillment of the continuous residence requirement. Whether the individual would be able to naturalize would depend on other factors demonstrating intent to continue residence in the U.S. during those absences and also the reason for those absences.
how can i correcting my mother name in usa though i m a green card holder in usa buT my mother live in bangladesh
How can I schedule for consultation?
Just use this booking link and make payment. calendly.com/parvizm/45-minfull
Hi Parviz, my parents are gree card holder but they left USA almost 6 years. Their green card will expire in 2027. Can they come to USA using their Green card or should I apply for them? I am a US citizen. Thanks
Depends on how strong their reasons are for being out of the U.S. for so long. You can book a consult if you want to discuss.
Thanks
Excuse me sir i have a big problem:
I apply online for my citizenship, the website where I applied to said I have to wait 45 days before getting a letter from uscis for the confirmation of my payment and in this letter I was supposed to get my case number. Now it’s more than 45 days and I didn’t received any mail from uscis, the company charged me $195 for the service and I don’t know what I can do. My friend in Washington said me she got her confirmation and her case number after 2days when she applied. I’m still waiting, I don’t know what I should do. Plz give me some advices. Thank you
My wife have a 2 years green card atm. Does it interfere with her getting a 10 years green card if she travels outside of the US for 5-5 and half months?
Possibly - it depends on a lot of factors in her situation. You can book a consultation with us to discuss if you'd like.
Hi,
I am going to stay outside of US for 172 days. does that affect the naturalization process later.
Thanks for your comment. As I mention in the video, it depends on other factors in your life. There's no way to answer this question without having more info about your situation!
@@ParvizMalakouti i am a Green Card Holder. And traveling out of US for 172 days.
Can my husband still apply during covid?? Is it even convinient?? We were gonna do it but all this pandemic happend .
Yes - applications are still being accepted during covid.
@@ParvizMalakouti ok that's good now I imagine his interview will take some time.
Can i file for naturalization frim abroad?.
If ur live outside more than six month what happens than
Thanks for your comment. I believe I addressed that question in this video. You may want to watch it again.
Please Tell everyone to stop applying online. Please!
Everyone need to apply manually and read up
Why?
I got my green card at 10/2011, from then until 6/2014 I had two travels to the US, one month and 7 months trips and reminder of that I was out of country, most of that with reentry permit. from 6/2014 until 1/2018 I was 3 months in the country every year and I had 2 travels aboard, 4 - 5 months every one, every year. I'm in the country from 10/2018 until now. regarding that my close family are in the country from 8/2013 and I have paid my tax from 2015, can I start my citizenship process or I must renew my green card?
Hello! If you would like me to analyze your eligibility for naturalization, of course you are welcome to book a consultation. Charges apply.
I spent 9 month how long will I wait to apply
Depends on your circumstances and ties to the USA. If you'd like to book a consultation to discuss, here's the link! There is a cost. calendly.com/parvizm/45min
I just want to check if I understood correctly. I am in Korea and its been about 8 months but my parents and my sister is currently in the us. In this case, will I still be able to reenter the US without any problem? Thank you
Depends on a variety of factors specific to the situation. You can book a consultation with our office to discuss if you like.
Hello,
Thanks for the video!
I have a relative here as green card and permanent resident. She previously had a US passport (so she said) and travelled to Laos on couple occasions.
Three years ago she husband (married via traditional ceremonies, not legally), split and he kept her passport from her, they do not speak. Early last year the passport expired. So she just applied for a new one.
Just last month Her application was denied by the passport office citing Section 320 of INA.
However, she is currently 45 years old. She was 18 prior to either parents acquiring citizenship (2002) and started a family.
Question - due to her current age and being 18 prior to her parent’s citizenship, and she previously has a passport (expired), why would Section 320 apply and why would they deny her?
Any suggestions would be greatly appreciated!
Thank you!