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N400 Physical Presence Requirements

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  • N400 Physical Presence Requirements

    Hello all and thank you for your valuable help. This is my situation:

    - Conditional GC (I551 Stamp) Received April 2001

    - Lost my full time job and left the US in June 2003. But kept some consulting work and filed for taxes every year.

    - Came back May 2004 later just for a week (after I-751 approval) to submit my pictures.
    Came back one

    - Came back in April 2005 for a week ( Job interviews).

    - Came back February 2006 for a week (job interview) that finally led to a good position.

    - Moved to the US with my wife and kid ( both are US citizens). in august 2006 and lived here since.


    My questions are:

    If I file N400 based on marriage can I count the first two years of continuous residence ?

    What is the earliest day I can apply for citizenship ?

    Note: Filed taxes all years since 2000, and never issued a travel document. but on three occasions left the country for more that 6 months.

    Thank you again for your time.

  • #2
    Hello all and thank you for your valuable help. This is my situation:

    - Conditional GC (I551 Stamp) Received April 2001

    - Lost my full time job and left the US in June 2003. But kept some consulting work and filed for taxes every year.

    - Came back May 2004 later just for a week (after I-751 approval) to submit my pictures.
    Came back one

    - Came back in April 2005 for a week ( Job interviews).

    - Came back February 2006 for a week (job interview) that finally led to a good position.

    - Moved to the US with my wife and kid ( both are US citizens). in august 2006 and lived here since.


    My questions are:

    If I file N400 based on marriage can I count the first two years of continuous residence ?

    What is the earliest day I can apply for citizenship ?

    Note: Filed taxes all years since 2000, and never issued a travel document. but on three occasions left the country for more that 6 months.

    Thank you again for your time.

    Comment


    • #3
      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by melseifi:
      Hello all and thank you for your valuable help. This is my situation:

      - Conditional GC (I551 Stamp) Received April 2001

      - Lost my full time job and left the US in June 2003. But kept some consulting work and filed for taxes every year.

      - Came back May 2004 later just for a week (after I-751 approval) to submit my pictures.
      Came back one

      - Came back in April 2005 for a week ( Job interviews).

      - Came back February 2006 for a week (job interview) that finally led to a good position.

      - Moved to the US with my wife and kid ( both are US citizens). in august 2006 and lived here since.


      My questions are:

      If I file N400 based on marriage can I count the first two years of continuous residence ?

      What is the earliest day I can apply for citizenship ?

      Note: Filed taxes all years since 2000, and never issued a travel document. but on three occasions left the country for more that 6 months.

      Thank you again for your time. </div></BLOCKQUOTE>

      http://149.101.23.2/graphics/formsfee/forms/n-400.htm


      You can also call and ask if you don't get your answer here.

      Comment


      • #4
        User99,

        thank you for the link, but I have carefully read it before posting my question and I could not find an answer to my questions. Any ideas ?

        Comment


        • #5
          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by melseifi:
          User99,

          thank you for the link, but I have carefully read it before posting my question and I could not find an answer to my questions. Any ideas ? </div></BLOCKQUOTE>

          I would call and ask them. Here's what I found:

          Before contacting the USCIS, we may be able to help you if you have a question about immigration procedures, or need clarification, by calling our National Customer Service Center (NCSC) at 1-800-375-5283

          Comment


          • #6
            90 days from February 2009, or 90 days from August 2008 if there're less than 6 months between the February and August 2006 absence from USA.

            Comment


            • #7
              Marmaduk,

              Thank you for your reply. Just one more question, is it possible to apply earlier under the 5 years rule ? I am thinking there must be a way to include the two years I lived here from 2001 to 2003.

              Thanks

              Comment


              • #8
                You can apply 3 months before your fifth year anniversary of receiving your GC. for example, If you received your GC on April 1, 2001, you can apply January 1, 2006. You must show that you were resident in th US for at least 2.5 years out of the 5 - but to be really safe, you need to stay put for 5 years. If you look and read the directions on the N-400 form, you will get the answers. Your very best shot is to file in May 2011. Stay put and then you will be able claim continuous residence. The other way, not only can you be denied citizenship - your GC can be revoked for not maintaining your residence. Where your wife and children were does not matter. Be a good boy and stay home.

                Comment


                • #9
                  melseifi,

                  Unfortunately, your absence out of the USA for greater than 6 months prevent the use of time you've accumulated between 2001-2003 to satisfy the physical presence requirement.
                  You satisfy the 5yrs rule so there's no problem applying for your naturalization now, but since you haven't acquire enough continuous residence requirement, the N400 apps will just be rejected.

                  Comment



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