how to proceed if continuous residency in question
Oct 27th 2009, 5:09 pm
#1
Just Joined
Thread Starter
Joined: Aug 2002
Location: Minnesota
Posts: 29
how to proceed if continuous residency in question
Hello All - My husband is looking now to apply for naturalization. We married in April of 2003 and he became a CPR January 30, 2004. The conditions upon his residency were just removed in early June of this year, 2009.
In looking at the requirements for applying for naturalization, I see that there are two areas in which his eligibility is probably questionable. One thing I'm confused about is whether we are looking at the 5 year requirements, since he's been a CPR for 5 years, or if we are looking at the 3 year requirements, since we have been married 3 plus years.
If it's the 3 years, and if we are to look at the 3 years immediately preceding applying for naturalization, then I believe he meets the physical presence requirement. He's been out of the country for approximately 14 months in the past 3 years. However, he did have one period of time of being out of the United States for 7 months during these 3 years.
If it's the last 5 years that we are to consider, he has both been out of the country more than 30 months (about 34 months), and some of those times out of the country have been longer than 6 months. The longest period of time out of the country was 9 months.
From what I've been reading here so far, I think the response here may be that we simply need to speak with an immigration attorney to find out if he can even apply for naturalization at this time. Or, if not, do we just have to wait until he meets the requirements before applying?
I'll pose the question anyway, though, in case anyone wants to provide some insight.
The questions are: Do we go back three years, or five years? Do the three or five year periods begin from the date he became a CPR, or go back from the date of applying for naturalization? I believe something I read this morning may have clarified that it's the years immediately preceding the application, but please let me know if I am mistaken.
The only way he meets the physical presence requirement is if we go back three years from now. Yet in that time frame, he had one time out of the country for 7 months. I know the Guide to Naturalization says we will have the opportunity to provide documents which show he did not break his continuous residency. So is it best to apply and see if they accept our documentation, or wait until there has been a long enough period of time during which he meets all of the requirements.
He was out of the country for such extended periods for various reasons; to provide an income for our family he found himself unable to provide in the country, the whole process of selling his mother's home and resettling her -- he's an only child -- and for a period of time during which he was hospitalized there following a car accident. He was hospitalized there again much later as a late effect of the accident, with pulmonary embolisms.
We have been with him in Italy for periods of time during some of his stays there. Otherwise, there have been periods of time when he's been there and we've (our daughter and I) been here. We've lived in the same home here in Minnesota since a few months after our marriage.
I feel I'm not articulating the questions very thoroughly, but hope that I've given enough of a sense of where we're at for there to be some responses. Thanks for reading even if not responding, as I do think from other postings I've read that the response may likely be we need to speak with an immigration attorney.
Congratulations to all who are moving forward in their processes, and thanks to all for all the years I've been able to come to this site and find extremely useful and helpful information and support.
In looking at the requirements for applying for naturalization, I see that there are two areas in which his eligibility is probably questionable. One thing I'm confused about is whether we are looking at the 5 year requirements, since he's been a CPR for 5 years, or if we are looking at the 3 year requirements, since we have been married 3 plus years.
If it's the 3 years, and if we are to look at the 3 years immediately preceding applying for naturalization, then I believe he meets the physical presence requirement. He's been out of the country for approximately 14 months in the past 3 years. However, he did have one period of time of being out of the United States for 7 months during these 3 years.
If it's the last 5 years that we are to consider, he has both been out of the country more than 30 months (about 34 months), and some of those times out of the country have been longer than 6 months. The longest period of time out of the country was 9 months.
From what I've been reading here so far, I think the response here may be that we simply need to speak with an immigration attorney to find out if he can even apply for naturalization at this time. Or, if not, do we just have to wait until he meets the requirements before applying?
I'll pose the question anyway, though, in case anyone wants to provide some insight.
The questions are: Do we go back three years, or five years? Do the three or five year periods begin from the date he became a CPR, or go back from the date of applying for naturalization? I believe something I read this morning may have clarified that it's the years immediately preceding the application, but please let me know if I am mistaken.
The only way he meets the physical presence requirement is if we go back three years from now. Yet in that time frame, he had one time out of the country for 7 months. I know the Guide to Naturalization says we will have the opportunity to provide documents which show he did not break his continuous residency. So is it best to apply and see if they accept our documentation, or wait until there has been a long enough period of time during which he meets all of the requirements.
He was out of the country for such extended periods for various reasons; to provide an income for our family he found himself unable to provide in the country, the whole process of selling his mother's home and resettling her -- he's an only child -- and for a period of time during which he was hospitalized there following a car accident. He was hospitalized there again much later as a late effect of the accident, with pulmonary embolisms.
We have been with him in Italy for periods of time during some of his stays there. Otherwise, there have been periods of time when he's been there and we've (our daughter and I) been here. We've lived in the same home here in Minnesota since a few months after our marriage.
I feel I'm not articulating the questions very thoroughly, but hope that I've given enough of a sense of where we're at for there to be some responses. Thanks for reading even if not responding, as I do think from other postings I've read that the response may likely be we need to speak with an immigration attorney.
Congratulations to all who are moving forward in their processes, and thanks to all for all the years I've been able to come to this site and find extremely useful and helpful information and support.
Oct 27th 2009, 5:39 pm
#2
Concierge
Joined: Apr 2001
Posts: 46,392
Re: how to proceed if continuous residency in question
Hello All - My husband is looking now to apply for naturalization. We married in April of 2003 and he became a CPR January 30, 2004. The conditions upon his residency were just removed in early June of this year, 2009.
In looking at the requirements for applying for naturalization, I see that there are two areas in which his eligibility is probably questionable. One thing I'm confused about is whether we are looking at the 5 year requirements, since he's been a CPR for 5 years, or if we are looking at the 3 year requirements, since we have been married 3 plus years.
In looking at the requirements for applying for naturalization, I see that there are two areas in which his eligibility is probably questionable. One thing I'm confused about is whether we are looking at the 5 year requirements, since he's been a CPR for 5 years, or if we are looking at the 3 year requirements, since we have been married 3 plus years.
Your husband was eligible to apply for naturalization around September 30, 2007.
I believe the Guide to Naturalization states clearly that he cannot be outside of the US for more than 18 months (cumulative) during the last 3 years with no one trip more than 12 months. And if you are only eligible under the 5 year eligibility the requirement is 36 months again with no one trip over 12 months.
If it's the 3 years, and if we are to look at the 3 years immediately preceding applying for naturalization, then I believe he meets the physical presence requirement. He's been out of the country for approximately 14 months in the past 3 years. However, he did have one period of time of being out of the United States for 7 months during these 3 years.
If it's the last 5 years that we are to consider, he has both been out of the country more than 30 months (about 34 months), and some of those times out of the country have been longer than 6 months. The longest period of time out of the country was 9 months.
From what I've been reading here so far, I think the response here may be that we simply need to speak with an immigration attorney to find out if he can even apply for naturalization at this time. Or, if not, do we just have to wait until he meets the requirements before applying?
I'll pose the question anyway, though, in case anyone wants to provide some insight.
The questions are: Do we go back three years, or five years? Do the three or five year periods begin from the date he became a CPR, or go back from the date of applying for naturalization? I believe something I read this morning may have clarified that it's the years immediately preceding the application, but please let me know if I am mistaken.
The only way he meets the physical presence requirement is if we go back three years from now. Yet in that time frame, he had one time out of the country for 7 months. I know the Guide to Naturalization says we will have the opportunity to provide documents which show he did not break his continuous residency. So is it best to apply and see if they accept our documentation, or wait until there has been a long enough period of time during which he meets all of the requirements.
He was out of the country for such extended periods for various reasons; to provide an income for our family he found himself unable to provide in the country, the whole process of selling his mother's home and resettling her -- he's an only child -- and for a period of time during which he was hospitalized there following a car accident. He was hospitalized there again much later as a late effect of the accident, with pulmonary embolisms.
We have been with him in Italy for periods of time during some of his stays there. Otherwise, there have been periods of time when he's been there and we've (our daughter and I) been here. We've lived in the same home here in Minnesota since a few months after our marriage.
I feel I'm not articulating the questions very thoroughly, but hope that I've given enough of a sense of where we're at for there to be some responses. Thanks for reading even if not responding, as I do think from other postings I've read that the response may likely be we need to speak with an immigration attorney.
Congratulations to all who are moving forward in their processes, and thanks to all for all the years I've been able to come to this site and find extremely useful and helpful information and support.
If it's the last 5 years that we are to consider, he has both been out of the country more than 30 months (about 34 months), and some of those times out of the country have been longer than 6 months. The longest period of time out of the country was 9 months.
From what I've been reading here so far, I think the response here may be that we simply need to speak with an immigration attorney to find out if he can even apply for naturalization at this time. Or, if not, do we just have to wait until he meets the requirements before applying?
I'll pose the question anyway, though, in case anyone wants to provide some insight.
The questions are: Do we go back three years, or five years? Do the three or five year periods begin from the date he became a CPR, or go back from the date of applying for naturalization? I believe something I read this morning may have clarified that it's the years immediately preceding the application, but please let me know if I am mistaken.
The only way he meets the physical presence requirement is if we go back three years from now. Yet in that time frame, he had one time out of the country for 7 months. I know the Guide to Naturalization says we will have the opportunity to provide documents which show he did not break his continuous residency. So is it best to apply and see if they accept our documentation, or wait until there has been a long enough period of time during which he meets all of the requirements.
He was out of the country for such extended periods for various reasons; to provide an income for our family he found himself unable to provide in the country, the whole process of selling his mother's home and resettling her -- he's an only child -- and for a period of time during which he was hospitalized there following a car accident. He was hospitalized there again much later as a late effect of the accident, with pulmonary embolisms.
We have been with him in Italy for periods of time during some of his stays there. Otherwise, there have been periods of time when he's been there and we've (our daughter and I) been here. We've lived in the same home here in Minnesota since a few months after our marriage.
I feel I'm not articulating the questions very thoroughly, but hope that I've given enough of a sense of where we're at for there to be some responses. Thanks for reading even if not responding, as I do think from other postings I've read that the response may likely be we need to speak with an immigration attorney.
Congratulations to all who are moving forward in their processes, and thanks to all for all the years I've been able to come to this site and find extremely useful and helpful information and support.
Last edited by Rete; Oct 27th 2009 at 5:41 pm.
Oct 27th 2009, 6:44 pm
#3
Member
Joined: Apr 2001
Posts: 14,049
Re: how to proceed if continuous residency in question
Point of clarification: with a few exceptions it's no trip longer than 6 months, not 12 months.
Regards, JEff
Regards, JEff
I believe the Guide to Naturalization states clearly that he cannot be outside of the US for more than 18 months (cumulative) during the last 3 years with no one trip more than 12 months. And if you are only eligible under the 5 year eligibility the requirement is 36 months again with no one trip over 12 months.
Oct 27th 2009, 7:42 pm
#4
Joined: Apr 2002
Posts: 35,082
Re: how to proceed if continuous residency in question
Have you downloaded and read The Guide to Naturalization? That might help.
Be cautious about the 90 day early application thing; he has to have his continuous residence to qualify for that.
http://www.uscis.gov/files/article/M-476.pdf
If you are applying based on 5 years as a Permanent Resident or 3 years as a Permanent Resident married to a U.S. citizen, you may file for naturalization up to 90 days before you meet the continuous residence requirement. For example, if you are applying based on 3 years of continuous residence as a Permanent Resident married to a U.S. citizen, you can apply any time after you have been a Permanent Resident in continuous residence for 3 years minus 90 days. You may send your application before you have met the requirement for continuous residence only. Therefore, you must still have been married to and living with your U.S. citizen spouse for 3 years before you may file your application. You must also meet all the other eligibility requirements when you file your application with USCIS.
Continuous Residence
“Continuous residence” means that you have not left the United States for a long period of time. If you leave the United States for too long, you may interrupt your continuous residence.
What if I was outside the United States between 6 and 12 months? If you leave the United States for more than 6 months, but less than 1 year, you have broken or disrupted your continuous residence unless you can prove otherwise. Read the “Document Checklist” in the back of this Guide to find out what information you must give to prove you did not break your
continuous residence.
Be cautious about the 90 day early application thing; he has to have his continuous residence to qualify for that.
http://www.uscis.gov/files/article/M-476.pdf
If you are applying based on 5 years as a Permanent Resident or 3 years as a Permanent Resident married to a U.S. citizen, you may file for naturalization up to 90 days before you meet the continuous residence requirement. For example, if you are applying based on 3 years of continuous residence as a Permanent Resident married to a U.S. citizen, you can apply any time after you have been a Permanent Resident in continuous residence for 3 years minus 90 days. You may send your application before you have met the requirement for continuous residence only. Therefore, you must still have been married to and living with your U.S. citizen spouse for 3 years before you may file your application. You must also meet all the other eligibility requirements when you file your application with USCIS.
Continuous Residence
“Continuous residence” means that you have not left the United States for a long period of time. If you leave the United States for too long, you may interrupt your continuous residence.
What if I was outside the United States between 6 and 12 months? If you leave the United States for more than 6 months, but less than 1 year, you have broken or disrupted your continuous residence unless you can prove otherwise. Read the “Document Checklist” in the back of this Guide to find out what information you must give to prove you did not break your
continuous residence.
Oct 27th 2009, 8:48 pm
#6
Just Joined
Thread Starter
Joined: Aug 2002
Location: Minnesota
Posts: 29
Re: how to proceed if continuous residency in question
Thank you much to Rete, Jeff and Meauxna for your responses. I have read the naturalization and citizenship guide mentioned above (downloaded it from the USCIS website a few days ago), but I'll review your responses and the guide again. I think there might be something in your response, Meauxna, that answers further the question of whether the counting of days/months for physical presence starts with now and goes backwards three years or from the date his conditional residence began and forward three years. As not everyone decides to apply for naturalization as soon as they possibly can, it seems more logical to begin counting with date of application for naturalization and go backwards.
I too was keeping in mind that he shouldn't be out of the country more than 12 months to avoid issues with naturalization, and didn't realize having been out of the country more than 6 months at a time might also cause an issue with "continuous residency" until my recent reading of the naturalization guide.
Since I've learned today from another post that we'll need to make an infopass appointment to pursue why my husband hasn't yet received his new
Alien Regisration Card (even though conditions were removed in early June of this year) we'll hopefully be visiting the center soon and can ask remaining questions there as well.
Thanks again for your replies, everyone, and for any that may continue to appear.
JGrace
I too was keeping in mind that he shouldn't be out of the country more than 12 months to avoid issues with naturalization, and didn't realize having been out of the country more than 6 months at a time might also cause an issue with "continuous residency" until my recent reading of the naturalization guide.
Since I've learned today from another post that we'll need to make an infopass appointment to pursue why my husband hasn't yet received his new
Alien Regisration Card (even though conditions were removed in early June of this year) we'll hopefully be visiting the center soon and can ask remaining questions there as well.
Thanks again for your replies, everyone, and for any that may continue to appear.
JGrace
Oct 27th 2009, 9:29 pm
#7
Member
Joined: Apr 2001
Posts: 14,049
Re: how to proceed if continuous residency in question
Above.
And yes - it confirms what I wrote, 6 months with few exceptions.
Regards, JEff
And yes - it confirms what I wrote, 6 months with few exceptions.
Regards, JEff
Oct 27th 2009, 10:52 pm
#8
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: how to proceed if continuous residency in question
What if I was outside the United States between 6 and 12 months? If you leave the United States for more than 6 months, but less than 1 year, you have broken or disrupted your continuous residence unless you can prove otherwise. Read the “Document Checklist” in the back of this Guide to find out what information you must give to prove you did not break your
continuous residence.
It depends upon what part of the country you are applying in -- here in Los Angeles, CIS simply goes by the one-year rule. I've seen problems in other parts of the country.
BTW, do note that if there is a break in "continuity of presence" it does not end the period of residence. So, an LPR who has been out of the US for more than a year [without abandonment of residence] will be eligible for naturalization 4 years, one day after return from the long absence.
BTW, my experience is that CIS will NOT allow application of the "90 day early" rule for filing in that. I happen to think they are wrong, but it "ain't worth fighting City Hall" over 90 days.
Oct 27th 2009, 11:12 pm
#9
Joined: Apr 2002
Posts: 35,082
Re: how to proceed if continuous residency in question
I too was keeping in mind that he shouldn't be out of the country more than 12 months to avoid issues with naturalization, and didn't realize having been out of the country more than 6 months at a time might also cause an issue with "continuous residency" until my recent reading of the naturalization guide.
During the past three years, I have not been out of the country for 18 months or more.
About the absence of 6-12 months, it says you should see the document checklist for the documentation required, which says:
If you have taken any trip outside the United States that lasted six months or more since becoming a Permanent Resident, send evidence that you (and your family) continued to live, work and/or keep ties to the United States, such as:
-An IRS tax return “transcript” or an IRS-certified tax return listing tax information for the last five years (or for the last three years
if you are applying on the basis of marriage to a U.S. citizen).
-Rent or mortgage payments and pay stubs.
Oct 27th 2009, 11:48 pm
#10
Concierge
Joined: Apr 2001
Posts: 46,392
Re: how to proceed if continuous residency in question
"
What if I was outside the United States
between 6 and 12 months?
between 6 and 12 months?
If you leave
the United States for more than 6 months,
but less than 1 year, you have broken
or disrupted your continuous residence
unless you can prove otherwise. Read the
“Document Checklist” in the back of this
the United States for more than 6 months,
but less than 1 year, you have broken
or disrupted your continuous residence
unless you can prove otherwise. Read the
“Document Checklist” in the back of this
Guide
to find out what information you
must give to prove you did not break your
continuous residence.
must give to prove you did not break your
continuous residence.
What if I was outside the United States
for 1 year or longer?
for 1 year or longer?
In almost all cases,
if you leave the United States for 1 year or
more, you have disrupted your continuous
residence. This is true even if you have a
Re-entry Permit.
If you leave the country for 1 year or
longer, you may be eligible to re-enter as a
Permanent Resident if you have a Re-entry
Permit. But none of the time you were in
the United States before you left the country
counts toward your time in continuous
residence.
If you return within 2 years, some of your
time out of the country does count. In
fact, the last 364 days of your time out of
the country (1 year minus 1 day) counts
toward meeting your continuous residence
requirement."
For marriage-based eligibility you cannot be out of the country for a cumulative time of more that 18 months. For five years it is more than 30 months.
I stand by what I first said.
if you leave the United States for 1 year or
more, you have disrupted your continuous
residence. This is true even if you have a
Re-entry Permit.
If you leave the country for 1 year or
longer, you may be eligible to re-enter as a
Permanent Resident if you have a Re-entry
Permit. But none of the time you were in
the United States before you left the country
counts toward your time in continuous
residence.
If you return within 2 years, some of your
time out of the country does count. In
fact, the last 364 days of your time out of
the country (1 year minus 1 day) counts
toward meeting your continuous residence
requirement."
For marriage-based eligibility you cannot be out of the country for a cumulative time of more that 18 months. For five years it is more than 30 months.
I stand by what I first said.
Oct 28th 2009, 2:31 am
#11
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: how to proceed if continuous residency in question
From the Guide, the supplemental question says:
During the past three years, I have not been out of the country for 18 months or more.
About the absence of 6-12 months, it says you should see the document checklist for the documentation required, which says:
If you have taken any trip outside the United States that lasted six months or more since becoming a Permanent Resident, send evidence that you (and your family) continued to live, work and/or keep ties to the United States, such as:
-An IRS tax return “transcript” or an IRS-certified tax return listing tax information for the last five years (or for the last three years
if you are applying on the basis of marriage to a U.S. citizen).
-Rent or mortgage payments and pay stubs.
During the past three years, I have not been out of the country for 18 months or more.
About the absence of 6-12 months, it says you should see the document checklist for the documentation required, which says:
If you have taken any trip outside the United States that lasted six months or more since becoming a Permanent Resident, send evidence that you (and your family) continued to live, work and/or keep ties to the United States, such as:
-An IRS tax return “transcript” or an IRS-certified tax return listing tax information for the last five years (or for the last three years
if you are applying on the basis of marriage to a U.S. citizen).
-Rent or mortgage payments and pay stubs.
There are two rules regarding physical presence:
First -- more than 50% must have been in the USA.
Second -- no absence must have been one year [not counting the presumption on six months].
These are two separate requirements.
Also, a little trick which CIS often ignores [and many forms programs also] -- lets say you leave the US on Tuesday and return on Friday. CIS has a bad habit of counting this as three days out rather than the correct two. If things are really, really close, you might want to pay attention to that.
Oct 28th 2009, 3:43 am
#12
Pedantic Moron
Joined: Jan 2009
Location: Hiding from the weather
Posts: 566
Re: how to proceed if continuous residency in question
Also, a little trick which CIS often ignores [and many forms programs also] -- lets say you leave the US on Tuesday and return on Friday. CIS has a bad habit of counting this as three days out rather than the correct two. If things are really, really close, you might want to pay attention to that.
I understand the various points of debate that may be presented here, but hypothetically, if you left the tarmac [or US airspace, whatever the defining point is] at 12.05am Tuesday and returned on Fri at 11.55pm, do you think it would be fair to classify that as 2 days?
Oct 28th 2009, 5:42 am
#13
BE Forum Addict
Joined: Oct 2007
Posts: 1,190
Re: how to proceed if continuous residency in question
A little OT but I think you might be doing CIS a little disservice. If you leave on a Tuesday and return on a Friday, you have been out of the US for 4 days [and this is the crucial part, or any part thereof]. That would be obviously the Tues, Weds, Thur and finally Fri.
I understand the various points of debate that may be presented here, but hypothetically, if you left the tarmac [or US airspace, whatever the defining point is] at 12.05am Tuesday and returned on Fri at 11.55pm, do you think it would be fair to classify that as 2 days?
I understand the various points of debate that may be presented here, but hypothetically, if you left the tarmac [or US airspace, whatever the defining point is] at 12.05am Tuesday and returned on Fri at 11.55pm, do you think it would be fair to classify that as 2 days?
Oct 28th 2009, 6:56 pm
#14
Member
Joined: Apr 2001
Posts: 14,049
Re: how to proceed if continuous residency in question
Rete,
At 6 months the continuous residence requirement has been broken. Unless the person can prove otherwise, as you emphasized. There are a few small groups who are exceptions.
Your quote comes from page 22 and confirms what I'm saying.
I agree with you on the total time out of the country, the physical presence requirement.
Why are you bringing abandonment of status into it?
Regards, JEff
At 6 months the continuous residence requirement has been broken. Unless the person can prove otherwise, as you emphasized. There are a few small groups who are exceptions.
Your quote comes from page 22 and confirms what I'm saying.
I agree with you on the total time out of the country, the physical presence requirement.
Why are you bringing abandonment of status into it?
Regards, JEff
That is not true. The clock resets at one day over one year. For absences of over 6 months up to 12 months, you only have to prove that you did not abandon your residency. See Page 25 of the Guide to Naturalization.
"
"
What if I was outside the United States
between 6 and 12 months?
between 6 and 12 months?
If you leave
the United States for more than 6 months,
but less than 1 year, you have broken
or disrupted your continuous residence
unless you can prove otherwise. Read the
“Document Checklist” in the back of this
the United States for more than 6 months,
but less than 1 year, you have broken
or disrupted your continuous residence
unless you can prove otherwise. Read the
“Document Checklist” in the back of this
Guide
to find out what information you
must give to prove you did not break your
continuous residence.
must give to prove you did not break your
continuous residence.
What if I was outside the United States
for 1 year or longer?
for 1 year or longer?
In almost all cases,
if you leave the United States for 1 year or
more, you have disrupted your continuous
residence. This is true even if you have a
Re-entry Permit.
If you leave the country for 1 year or
longer, you may be eligible to re-enter as a
Permanent Resident if you have a Re-entry
Permit. But none of the time you were in
the United States before you left the country
counts toward your time in continuous
residence.
If you return within 2 years, some of your
time out of the country does count. In
fact, the last 364 days of your time out of
the country (1 year minus 1 day) counts
toward meeting your continuous residence
requirement."
For marriage-based eligibility you cannot be out of the country for a cumulative time of more that 18 months. For five years it is more than 30 months.
I stand by what I first said.
if you leave the United States for 1 year or
more, you have disrupted your continuous
residence. This is true even if you have a
Re-entry Permit.
If you leave the country for 1 year or
longer, you may be eligible to re-enter as a
Permanent Resident if you have a Re-entry
Permit. But none of the time you were in
the United States before you left the country
counts toward your time in continuous
residence.
If you return within 2 years, some of your
time out of the country does count. In
fact, the last 364 days of your time out of
the country (1 year minus 1 day) counts
toward meeting your continuous residence
requirement."
For marriage-based eligibility you cannot be out of the country for a cumulative time of more that 18 months. For five years it is more than 30 months.
I stand by what I first said.
Oct 28th 2009, 7:03 pm
#15
Member
Joined: Apr 2001
Posts: 14,049
Re: how to proceed if continuous residency in question
Fair is that the same standard be applied to everyone, whatever that standard is.
In this case the standard is that if a person spent any part of a day in the USA then that day counts as a day in the USA. Sounds fair to me.
Now, let's talk about getting a full year's tax credit for a dependent newborn who was born at 11:59 pm on Dec 31. (Let's really cut it close - 11:59:59 pm!) But even there, a line has to be drawn and it has to be drawn someplace.
Regards, JEff
In this case the standard is that if a person spent any part of a day in the USA then that day counts as a day in the USA. Sounds fair to me.
Now, let's talk about getting a full year's tax credit for a dependent newborn who was born at 11:59 pm on Dec 31. (Let's really cut it close - 11:59:59 pm!) But even there, a line has to be drawn and it has to be drawn someplace.
Regards, JEff
I understand the various points of debate that may be presented here, but hypothetically, if you left the tarmac [or US airspace, whatever the defining point is] at 12.05am Tuesday and returned on Fri at 11.55pm, do you think it would be fair to classify that as 2 days?