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  1. #1
    Join Date
    May 2010
    Posts
    1

    Default Number of Days Out of the U.S. and Continuous Residence

    Hello.

    I'd like to know how many days are considered 30 months and 6 months in order to meet the requirements for physical presence in the U.S and not breaking the continuous residence requirement.

    I took 5 trips out of the U.S which are described below. They are separate trips and the longer I took last 177 days.

    I became US resident on march 17th 2006, so by march 2011 I'll be a 5 years Green Card holder. I'm not planning to travel out of the U.S until that date. So my question are: Have I broken the continuous residence requirement? and.. is this math correct?

    5 years x 365 days per year = 1825 days

    1825 days( in 5 years) - 801 days out of the U.S = 1024 days phisically present in the U.S.

    1024/30 days per month = 34 months physically present in the US.

    So my question is: Do I meet both requirements?

    my trips out of the U.S are as it follows:


    Left the U.S------------------Return to the U.S-------------------#Days out of the U.S
    9/30/2006--------------------3/27/2007--------------------------177
    9/30/2007--------------------3/26/2008--------------------------177
    5/4/2008---------------------10/26/2008-------------------------174
    11/28/2008-------------------5/22/2009--------------------------174
    1/18/2010--------------------4/28/2010---------------------------99

    ====================================>Total: 801 day out of U.S

    I'd appreciate your kind help with my questions

    Thanks

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,067

    Default Re: Number of Days Out of the U.S. and Continuous Residence

    It doesn't look like physical presence is an issue, although you're borderline. The bigger question is continuous residency. From the time you left on trip #2 until the time you returned from trip #4 you were barely in the U.S.

    Don't think of "6 months = exactly 180 days," or "1/2 of 365 days" - absences each year that come perilously close to six months are going to attract some additional scrutiny.

    What evidence do you have of your continuous residence, despite your periods of absence? Home ownership? A continuous lease? Tax returns?

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