QUESTION

What is the yearly residency requirement for a green card holder?

Asked on Sep 01st, 2013 on Immigration - New York
More details to this question:
As far as I know, a resident alien needs to be in the US for at least 6 months out of the year for 5 years in order to be eligible to apply for citizenship. What I don't know is whether this is 6 months per calendar year, or 6 months starting with the day that person became a resident.
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2 ANSWERS

Immigration Law Attorney serving Atlanta, GA
3 Awards
The answer to your question is significantly more complex than calculating six months in a calendar year or six months in a year with a different starting date. It is not clear whether your question is asking about maintaining Permanent Resident status or about eligibility for petitioning for naturalization. Generally, a single absence of 180 days will create a (rebuttable) presumption that one has abandoned his/her residence in the U.S., and a single absence of a year or longer will create a legal determination of abandonment of residence in the U.S. Multiple shorter absences, even with none reaching 180 days, can create an abandonment of residence, and, making the analysis more complex, there are legal exceptions to these rules. There is no alternative to engaging an immigration attorney to learn the relevant facts specifically relating to you in order to advise about eligibilities, options and strategies.
Answered on Sep 03rd, 2013 at 6:34 PM

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Sexual Harassment Attorney serving Brooklyn, NY
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6 months from permanent resident status. But it is not that simple, because even if you take frequent travels for 6 months, the USCIS/CBP may question validity of the status.
Answered on Sep 03rd, 2013 at 11:24 AM

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