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Does US immigration count d no of mos u wer gone fr US on separate trips on the same yr when you apply for ctzenshp?

Maitland, FL |

Im a pr based on derivative asylum, i married a canadian and we are having a baby soon. i have been goin to canada three and two months on different ocassions each year for 2 yrs now to see my wife. its hard coz the validity of the rtd is only a yr. i have to come back to the US to renew it before it expires. Now I worry because the last time i entered US the immigration officer was asking me when im planning to go back to canada. i don't know why he asked me such question. next year, i guess i am eligible to apply for citizenship. am not sure (green card Jan 10, 2010), when can i apply for my citizenship? am worried if the immigration would sum up all my absences to 6 mos. its hard on my part. please help. i need ur advise :( thank u so much.

Attorney Answers 4


  1. Best answer

    Yes, the do count every day that you're gone.

    I'm a bit confused/concerned. You used the letters: "RTD" which normally means Refugee Travel Document ... but, that isn't possible if you have an actual plastic greencard.

    You need to meet with a US licensed immigration attorney to properly sort things out.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


  2. Maintain US resident status is not dependent solely on making trips of less than six months. You need to maintain ties to the US such as driver's license, employment, place of abode , bank accounts etc.

    For citizenship there are physical presence requirements as well as two different residence requirements.


  3. I agree with my colleagues. You owe it to yourself to contact a lawyer, whether myself or one of my colleagues. Good luck to you.

    Dean P. Murray
    The Murray Law Firm
    560 Sylvan Avenue
    Englewood Cliffs, NJ 07632
    T: (201)875-2600
    F: (201)549-8700

    Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during a face to face attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private consultation with an attorney. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, and attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual.


  4. I agree with my colleagues. Every day that you are out of the country counts, regardless of whether it was in the same year. You would be wise to have an immigration attorney review your travel history, help you calculate the total time you've been out of the U.S. and identify any other possible problems in your case before you apply for citizenship.

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