Does time spent outside the US not count towards the total of 5 or 7 years?

When it comes to rules and conditions for visas, it is essential to understand how the time spent outside the United States can (or cannot) influence the count of required periods for certain situations, such as the time necessary for the approval of some immigration benefits – for example, the requirements for lawful permanent residency that often mention periods like 5 or 7 years.

In the context of the L visa, aimed at intracompany transfers, this issue is usually addressed specifically, since the rules for accumulating physical presence time in the US may differ when compared to other types of visas or processes.

Generally, for some immigration benefits, the time spent outside the US is not usually counted towards the continuous residency requirement, meaning that periods in which the applicant was outside the country can, in fact, ”reset” or prevent the required time from being reached.

Therefore, if you find yourself in a scenario where it is necessary to accumulate a certain number of years physically residing in the US, it is important to analyze whether absences, even brief ones, interfere with the count.

In the specific case of the L visa, eligibility focuses on the transfer within a parent company to an affiliated or subsidiary office, and the requirements do not necessarily include a continuous physical residence count in the US for the visa holder, but rather proof of experience and connection with the company abroad.

However, if your question is related to processes that require the counting of the required periods – such as some adjustment of status requests or naturalization processes, where continuous residency periods are mandatory – the time actually spent outside the United States may indeed be disregarded for that count.

Each case has particularities, making it essential to observe the specific rules of each type of immigration application to be processed.

Always remember the importance of paying attention to the current immigration laws and consulting reliable sources or specialized professionals in the area. The complexity of the American immigration system demands caution and detailed analysis to avoid complications.

If you have doubts about how absences may affect your specific situation, seeking guidance from recognized professionals may be an important step to conduct the process correctly and safely, always avoiding promises of guaranteed results from marketing campaigns or guidance not based on legal aspects.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.