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What does "constructively present" mean ?

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  • What does "constructively present" mean ?

    Hi

    Going over some of the documentation on physical presence and naturalization I found the documentation talks about being "contructively present" in reference to physical presence. What does this mean ? Say an individual (a PR) was sent by a United States corporation to develop foreign trade for the united states abroad and hence had to reside abroad for a certain period. Can this person then argue for the purposes of naturalization and physical presence that he was "constructively present" ? Can he make a case saying that he was "constructively present" since he did not abandon his residence or employment in the united states and was developing trade abroad for a united states corporation. From a logical view point this seems logical to me given the fact he did not abandon residence or employment but was sent abroad to develop trade and hence can be thought of being "constructively present". But what is the correct interpretation of this term and if there are any case laws that support the above notion of "constructive presence" ?

  • #2
    Hi

    Going over some of the documentation on physical presence and naturalization I found the documentation talks about being "contructively present" in reference to physical presence. What does this mean ? Say an individual (a PR) was sent by a United States corporation to develop foreign trade for the united states abroad and hence had to reside abroad for a certain period. Can this person then argue for the purposes of naturalization and physical presence that he was "constructively present" ? Can he make a case saying that he was "constructively present" since he did not abandon his residence or employment in the united states and was developing trade abroad for a united states corporation. From a logical view point this seems logical to me given the fact he did not abandon residence or employment but was sent abroad to develop trade and hence can be thought of being "constructively present". But what is the correct interpretation of this term and if there are any case laws that support the above notion of "constructive presence" ?

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    • #3
      If your absence was for less than six months, no problem at all, if it was for less than a year try to get papers showing it was for good cause, if it was for more than a year you are considered by the INS to have abandoned your green card, no naturalization.

      Comment


      • #4
        search for reference at shusterman.com or murthy.com

        good luck

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