Asked 5 months ago - Porter, TXFlag
I am a US permanent resident, and after five years I applied for a Naturalization and it was denied because I stayed out of the US for one year and 18 days... They said that I can apply in August 2014......
Now, my question is that how many months can I stay out the US? As I am planning to go to my native country and spend less than 6 months then return to US for only one month and again go back to my native for less than 6 months, noting that I have already spent more than 2 years in the US (from the 2 year and a half that i should spend in the US during a 5 years period).
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You appear to have 'learned your lesson' and will be wise to never leave the US for more than 6 months at a time again.
But, be warned, a person can be deemed to have abandoned their US residence even if they are gone for less than 6 months at a time ... thus, your less-than-6 out of the US, 1-in the US, less-than-6 out of the US could be a problem
Have a private consultation with an immigration attorney ... you can discuss how to properly submit an I-130 at the same time.
You have a lot going on. First, to naturalize, you must be physically present in the U.S. for at least half of the five year time requirement. So do the math on your trips and how they will effect your 2014 application. Second, you must maintain a continuous residence. This is different from physical presence. You must live here. The purpose of the permanent resident status is in the words. You must permanent reside here. There is a rebuttable presumption that you've abandoned your residence (for natz purposes) if you are outside the U.S. for 6-12 months. For natz purposes and as you've found out, more than one year terminates the accrual of the continuous residence. You may want to figure out what is in your family's best interest regarding your status and time abroad and plan accordingly.
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