Skip to main content

Hoe does USCIS count 1 year if remain outside USA ?

Brooklyn, NY |
Filed under: Immigration

In 2011 i was outside USA august 2 to september 11 .. In 2012 i was out side USA june 19 to september 19 = 91 days ( 3 months ) and after that was in USA for 3 months and again outside USA december 19 to feb 28 , 2013 = 72 days and came back USA March 1 . Does it mean they will count 5.5 months outside duration from June 19, 2012 to June 19 , 2013 ? And is it Ok if i go outside USA after June 19, 2013 ? Thank you

I got greencard in 2005, but staying permanently from december 2008, and was outside USA for 40 days in 2009, 2010, 2011. and intended to apply for citizenship end of this year . thank You

Attorney Answers 3


  1. In an aggregate. Continuously residing outside of the US. Your situation cuts it ridiculously close.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


  2. Each day outside the US is counted as a day outside the US.

    You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through http://www.ailalawyer.com.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  3. I agree with Mr. Ferrari, one day outside of the US counts as one day.

    Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova , New York Immigration Attorney http://www.shautsova.com Blog: http://www.russianspeakinglawyerny.com

Immigration topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics