How many days out of the country count for continuous residence?

How many days out of the country count for continuous residence?

Assuming your absence was less than two years, the last 364 days of your time out of the country counts toward the continuous residence requirement. See the “Four Years and One Day Rule” below. When applying on the basis of qualifying military service, there is no continuous residence requirement.

What does continuous residence in the United States mean?

“Continuous residence” means that the applicant has maintained residence within the United States for the required period of time shown above. Extended absences outside of the U.S. may disrupt an applicant’s continuous residence.

How long do you have to be outside the US to break continuity of residence?

The applicant has been outside the United States for exactly 1 year (365 days) and has therefore broken the continuity of his or her residence in the United States.

How long do you have to be in the US to apply for continuous residence?

Continuous Residence Explained. An applicant who is subject to the three-year continuous residence requirement may apply two years and one day after returning to the United States to resume permanent residence. This is known as the “four years and one day” rule and is described in 8 CFR §316.5 (c) (1) (ii).

What does it mean to be a continuous resident of the United States?

Resided continuously in the U.S. for three years in the case of qualified spouses of U.S. citizens, (see legal basis) “Continuous residence” means that the applicant has maintained residence within the United States for the required period of time shown above.

The applicant has been outside the United States for exactly 1 year (365 days) and has therefore broken the continuity of his or her residence in the United States.

What is the statutory period for continuous residence?

An absence of more than 6 months (more than 180 days) but less than 1 year (less than 365 days) during the period for which continuous residence is required (also called “the statutory period”) is presumed to break the continuity of such residence. [12]

How can I tell how long I can stay in the United States?

The Arrival/Departure Record (I-94) stamped in your passport when you arrived shows how long you can stay in the U.S. If the notation is: A specific date – you can stay in the United States until that date. “Duration of Status” (or “D/S”) – you can stay as long as you meet the conditions of your visa.