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Physical presence in naturalization

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  • Physical presence in naturalization

    I am applying for US citizenship. I understand you have to have met half of the physical presence within 5 years ( 60 months) before applying. I have met 30.1 months or half that time. I think that should be OK. Any thoughts?

  • #2
    I am applying for US citizenship. I understand you have to have met half of the physical presence within 5 years ( 60 months) before applying. I have met 30.1 months or half that time. I think that should be OK. Any thoughts?

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    • #3
      The USCIS officer may count differently than you. The USCIS officer is right. Limit any further trips and hope you left enough of a buffer.

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      • #4
        Sounds to me, I better have all my bank statements, title to a car, rental lease, my family all US citizens in the USA to show I have unrefutable ties to the USA.

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        • #5
          I better have all my bank statements, title to a car, rental lease, my family all US citizens in the USA to show I have unrefutable ties to the USA.
          You will need that to prove residence if any single trip was 6 months, but less than a year. A single trip over a year is an automatic denial even if you had a re-entry permit.

          Establishing physical presence is just a matter of counting the dates from the stamps in your passport (or other travel documentation.) You have to prove you were in the US; gaps or missing information count against you. If USCIS determines that you are one day short of 30 months, your application will be denied.

          N-470 preserves residence, restrictions apply.

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          • #6
            A single trip over a year is an automatic denial even if you had a re-entry permit.
            That is an incorect statement. Re-entry permits are issued specifically to authorize trips for longer than a year (typically two years). When I had a re-entry permit I travelled back and forth with no questions asked.

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            • #7
              We are not talking about LPR status and admission to the US. We are talking about residence and physical presence as it pertains to naturalization.

              An LPR can travel outside the US for up to two years with a re-entry permit. LPR status is maintained and they will be admitted, but a single trip of six months may break residence (you have to prove you didn't, thus the importance of taxes, leases, insurance, etc.) and year outside of the US automatically breaks residence FOR NATURALIZATION.

              If you needed five years of residence to naturalize and break residence, you must wait 4 years and a day after your return to the US before you can file an N-400. (It's 2 years and a day for those filing under the 3 year provision for spouses of US citizen.) If you do not meet the residence and physical presence requirements, your N-400 will be denied.

              Go and read INA § 316 and 8 CRF Sec. 316.5. Knowing is half the battle.

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              • #8
                Thanks Old Man. I basically have all my days accounted for I just barely meet the 2.5 years of physical residence in a total of 5 years, so I will have all my documents ready in case.

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