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gburklow · Mar 8, 2010, 12:02 PM

I have a relative who is concerned about losing his permanent residency or risking his chances of becoming a citizen. He is aware of the physical presence requirement of 30 months out of 5 years and is also aware of the travel requirements. He is fulfilling the travel requirement by entering the United Stated before 1 year is up, but he only stays for short periods of times due to his continuing employment in his country. So, I don't think he will have any problems as long as he enteres the States ones a year until the 5-year is up, but what will happen when it is time to apply for citizenship? Do you think he has any chance of becoming a citizen when his record shows that he came to the States every year but was only here total of maybe a few months out of 5 years? And if not, can he keep extending hid green card? I am not sure if it help but his kids are staying in the States and he owns a house in the States.

NYcityboy · Mar 8, 2010, 12:31 PM

You are confusing the minimum for avoiding abandonment of permanent residence with the physical presence requirement. You are also using an old standard for abandonment of PR.

1. the LPR should be entering the US every 6 months at a minimum. The one-year entries with short stays can be problematic. I recommend that they file for a re-entry permit and maintain ties with the US. He needs to always file taxes as a US resident, drivers license, keep a bank account, credit cards, house, memberships, etc. his children and the house are very good ties to the US. If he does these then he should not lose his PR.

For citizenship, even after his 5 years of LPR, he doesn't meet the 30 of 60 months from the date of fling. Basically, he would need to stay in the US about 2 1/2 years then he qualifies. The USCIS should have no problem approving the case as long as he doesn't have over a year out and no abandonment or relinquishment.

I recommend you consult with an experienced immigration attorney. Not a difficult case, but you need to meet with an attorney that has dealt with these issues. Good luck.