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?

Asked over 1 year ago - 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. F. J. Capriotti III

    Contributor Level 20

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    chosen by asker

    Answered . 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... more
  2. Robert Louis Brown

    Pro

    Contributor Level 19

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    Answered . 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. Dean P Murray

    Contributor Level 18

    5

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    Answered . 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... more
  4. Ksenia Alexandrovna Maiorova

    Contributor Level 16

    4

    Lawyers agree

    Answered . 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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