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

1. Junior Member
Join Date
May 2010
Posts
1

## 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:

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. Senior Member
Join Date
Sep 2005
Location
California
Posts
65,067

## 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?

1.

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