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REsidence and Physical Presence Question

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  • REsidence and Physical Presence Question

    I've read that to be eligible for citizenship, you must be physically present in the United States for at least 30 months out of the previous five years so does that mean that i can spend half of the five year residency requirement in another country without exceeding 6 months?

  • #2
    I've read that to be eligible for citizenship, you must be physically present in the United States for at least 30 months out of the previous five years so does that mean that i can spend half of the five year residency requirement in another country without exceeding 6 months?

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    • #3
      Keep in mind that on the N-400 it asks when and why you were out of the country and for what purpose. The point of this is to see if you really still have ties to your home country. Now if your husband is living in another country, hopefully you have already filed paperwork for him to come and live here. Now at teh discresion of the interviewer they may decide based on your travel that you really do not have strong ties to the US and decline your request for citizenship. Meaning that if you left for say five months and then came back to the us and every 6 months you did that, it would seem a little odd to USCIS. However as and LPR you are free to leave the country as you choose as long as it is not over 6 months. You have to go with what is best for you and your husband. BTW have you filed paperwork for him?

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      • #4
        is it true that the time you spent outside the US will add up the time you can file for citizenship? from what i understand you can file for citizenship after 4 yrs and 9 months, what if i leave the US for about 4 months, when can i apply for citizenship? i got my LPR status on Jan.2004. pls advise. thanks.

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        • #5
          Time spent outside the US will not be considered as actual physical presence in the US unless you are working for the US government in another country.
          In order to file for naturalization after you received LPR - you have to show an agregated total of 5 years, with at least 6 months of every year in the US. Anything longer than 6 months out of the US could be considered by immigration officers that you have abandoned your US home.
          Once you file (90 days before 5 year anniversary) you have to remain in the US living in the state where you filed.

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          • #6
            do you mean to say that the longer time i spent outside the US, the longer time i can file for citizenship?

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            • #7
              once you reach the 5 year anniversary - check over all periods of time that you were physically in the US. If you can count 6 months of each year...file the application.

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