ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily


Chinese Immig. Daily




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
1995-
ILW.COM,
American
Immigration LLC.

Results 1 to 7 of 7

Thread: physical presence please help

  1. #1
    Hi

    I have had a green card for 18 years. I never naturalized :-( In the last 5 years I had a lot of time out of the country due to developing trade for my american employer (never over 6 months at a stretch). So looking at the past 5 years I have 27 months of physical presence in the country right now. I heard one can apply 3 months prior to satisfying residency requriements. Does it mean prior to satisfying continuous preesence or prior to physical presence. If I can apply 3 months prior to satisfying physical presence then I can apply now. I asked 2 lawyers this question and they gave me conflicting answers..one said I can apply 3 months prior to satisfying physical presence the other said i cannot...I would appreciate it if anyone could shed more light on this issue.

  2. #2
    Hi

    I have had a green card for 18 years. I never naturalized :-( In the last 5 years I had a lot of time out of the country due to developing trade for my american employer (never over 6 months at a stretch). So looking at the past 5 years I have 27 months of physical presence in the country right now. I heard one can apply 3 months prior to satisfying residency requriements. Does it mean prior to satisfying continuous preesence or prior to physical presence. If I can apply 3 months prior to satisfying physical presence then I can apply now. I asked 2 lawyers this question and they gave me conflicting answers..one said I can apply 3 months prior to satisfying physical presence the other said i cannot...I would appreciate it if anyone could shed more light on this issue.

  3. #3
    You had a green card for 18 years. Have you ever been out of US during that 18 years? If yes! Then for how long?
    In your one visit you have not been out of US for more then six months, right.
    Before you depart on your visit have you ever filed INS Form I-470, Application to Preserve Residence For Naturalization Purposes?
    I have a feeling that you might have lost all that time of 18 years, and If you are married to USC then you need three years residence for Naturalization. Good Luck>

  4. #4
    i HAVE BEEN OUT ON MULTIPLE TRIPS..pRIMARILY IN THE LAST 5 YEARS...iN ALL THE TRIPS LASTED ABOUT 33 MONTHS (NEVER OVER 6 MONTHS)..These trips were all for work. They were for my U.S employer..Unfortunately we did not file N-470

  5. #5
    Hi
    33 month is kind of long.
    At least you can satisfy your
    physical presence
    requirement after 3 month.

    You may have problem for the
    continuous residency requirement.

    I feel that they uses the length of
    single trip as TOOL, not as RULE.

    A workshop I attended,
    The officer clearly stated by examples.
    4 month out and stay for a week in the USA
    again
    5 month out and stay for a week
    again 4 month out.
    They may determines that
    the absence is 13 month long,
    Not 5 month or 4 month in this example.

    If they find out your absence pattern,
    several 4-5 month trips continuously
    with the short visit in the USA,
    it may be pretty hard to
    prove your continuous residency,
    if you do not have home or rent apartment
    here.

    Do you file your tax return as resident
    during your absence?
    Do you keep your own home or apartment
    during last five year?
    Do you applied for reentry permits and use it
    for last five years?

    If all of above are yes, then
    You may challenge your naturalization
    with the very little chance for
    risking your PR.

  6. #6
    I had the pattern of absences that you describe..4 months out one week in...However I continued to be employed by my U.S employer (it is a large Fortune 500 company and they have given me an affidavit saying I was developing trade and continued to be employed in U.S.A and continued to receive all medical, retirement and salary benefits out of U.S.A)..I continued to file my Resident federal returns in these absences...My residence was shown to be that of my parents..I did not apply for reentry permits..My question was also can I apply prior to completing 30 months of physical presence or can I file 27 months after completing the physical presence requirement (i know they let you file 3 months before statisfying residency requirements)

    Thanks

  7. #7
    Someone please can you help ??? I am really stuck please Mohan or somebody please help

Similar Threads

  1. physical presence requirement for N600K
    By stefano in forum Immigration Discussion
    Replies: 10
    Last Post: 03-27-2009, 03:16 PM
  2. N400 Physical Presence Requirements
    By melseifi in forum Immigration Discussion
    Replies: 8
    Last Post: 11-17-2006, 04:52 PM
  3. Physical presence in naturalization
    By fasoola in forum Immigration Discussion
    Replies: 7
    Last Post: 04-20-2005, 05:43 PM
  4. 245i and Physical Presence Condition
    By Mo in forum Immigration Discussion
    Replies: 11
    Last Post: 10-26-2004, 07:46 PM
  5. REsidence and Physical Presence Question
    By IMissMyHubby in forum Immigration Discussion
    Replies: 6
    Last Post: 06-09-2004, 06:41 AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: