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RipNivi

Citizenship Physical Presence Question

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I read the USCIS page and also the FAQ section but I am still confused about the physical presence requirement part for naturalization. 

 

Like, for example say someone got their PR on January 2015, then theoretically he or she is eligible for naturalization on January 2020 i.e. 60 Months.

Provided, they have stayed a minimum of 30 Months during the 60 Months period with no gaps in excess of 6 Months. Is this correct? 

 

Now, if they did have a gap in excess of 6 Months say from June 2016 to January 2017, then does the clock gets reset? Like the time towards the 60 Months restarts from January 2017, so now they would be eligible for naturalization in January 2022 instead of January 2020. Am I getting this correctly?

 

 

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2 hours ago, RipNivi said:

I read the USCIS page and also the FAQ section but I am still confused about the physical presence requirement part for naturalization.

There are two separate requirements for naturalization:

 

1) Physically present in the U.S. for thirty months within the five year period before applying. This does NOT need to be continuous. Basically you just count the days you were physically inside the US and if you meet 30 months, then you're good.

 

2) “Continuous residence” means that the applicant has maintained residence within the United States for the required period of time shown above (5 years). Extended absences outside of the U.S. may disrupt an applicant’s continuous residence.

-Absences of more than six months but less than one year may disrupt an applicant’s continuous residence unless the applicant can prove otherwise.

-Absences in excess of one year or more may disrupt an applicant’s continuous residence

 

So for #2, it means if you were absent for more than 1 year, you have broken continuous residence and is not eligible to apply. If you were absent only less than 6 months at a time, you maintained  continuous residence and is eligible. 

 

The only confusion arises only if one was absent for more than 6 months but less than 1 year. For that, they further clarify:

 

-Absence of more than six months [more than 181 days but less than one year (less than 365 days)] during the period for which continuous residence is required is presumed to break the continuity of such residence. This includes any absence that takes place prior to filing the naturalization application or between filing and the applicant’s admission to citizenship.

-An applicant’s intent is not relevant in determining the location of his or her residence. The period of absence from the United States is the defining factor in determining whether the applicant is presumed to have disrupted his or her residence. 

-An applicant may overcome the presumption of loss of his or her continuity of residence by providing evidence to establish that the applicant did not disrupt his or her residence. The evidence may include, but is not limited to, documentation that during the absence:

  • The applicant did not terminate his or her employment in the United States or obtain employment while abroad.

  • The applicant’s immediate family remained in the United States.

  • The applicant retained full access to his or her United States abode.

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4 hours ago, USS_Voyager said:

There are two separate requirements for naturalization:

 

1) Physically present in the U.S. for thirty months within the five year period before applying. This does NOT need to be continuous. Basically you just count the days you were physically inside the US and if you meet 30 months, then you're good.

 

2) “Continuous residence” means that the applicant has maintained residence within the United States for the required period of time shown above (5 years). Extended absences outside of the U.S. may disrupt an applicant’s continuous residence.

-Absences of more than six months but less than one year may disrupt an applicant’s continuous residence unless the applicant can prove otherwise.

-Absences in excess of one year or more may disrupt an applicant’s continuous residence

 

So for #2, it means if you were absent for more than 1 year, you have broken continuous residence and is not eligible to apply. If you were absent only less than 6 months at a time, you maintained  continuous residence and is eligible. 

 

The only confusion arises only if one was absent for more than 6 months but less than 1 year. For that, they further clarify:

 

-Absence of more than six months [more than 181 days but less than one year (less than 365 days)] during the period for which continuous residence is required is presumed to break the continuity of such residence. This includes any absence that takes place prior to filing the naturalization application or between filing and the applicant’s admission to citizenship.

-An applicant’s intent is not relevant in determining the location of his or her residence. The period of absence from the United States is the defining factor in determining whether the applicant is presumed to have disrupted his or her residence. 

-An applicant may overcome the presumption of loss of his or her continuity of residence by providing evidence to establish that the applicant did not disrupt his or her residence. The evidence may include, but is not limited to, documentation that during the absence:

  • The applicant did not terminate his or her employment in the United States or obtain employment while abroad.

  • The applicant’s immediate family remained in the United States.

  • The applicant retained full access to his or her United States abode.

Thank you so much for clarifying!

 

So how do I prove that the applicant had full access to their abode in the United States while they were away? Does illness of a immediate family member count ?

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16 minutes ago, RipNivi said:

how do I prove that the applicant had full access to their abode in the United States while they were away?

Where did you live? Did you rent or own? If renting, maybe proof that you were still paying rent while you were gone. If owning a house, obviously proof that you still own the house and did not sell it. They are looking for proofs that you were still maintaining your residence in the US during that time. 

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20 hours ago, USS_Voyager said:

Where did you live? Did you rent or own? If renting, maybe proof that you were still paying rent while you were gone. If owning a house, obviously proof that you still own the house and did not sell it. They are looking for proofs that you were still maintaining your residence in the US during that time. 

Got it. Thank you so much!

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On 8/29/2019 at 2:13 PM, USS_Voyager said:

Where did you live? Did you rent or own? If renting, maybe proof that you were still paying rent while you were gone. If owning a house, obviously proof that you still own the house and did not sell it. They are looking for proofs that you were still maintaining your residence in the US during that time. 

Actually, maintaining US residence is more involved than owning a house or renting an apartment. It means, in lay terms, having an active life in, and strong ties to, the US (compared to your overseas residence during your absence).

 

This is not to be taken lightly. To overcome the presumption that you broke continuous residence by staying abroad for more than 6 months, you must show that throughout the required period of continuous residence (i.e. the 60 months), and especially during the period of travel outside the US, you for instance:

  • Had full and open access to your US home: That means lease/title to the house and evidence that it was active (e.g., utility bills, correspondence sent to the house, etc.);
  • Had a job in the US (e.g. W2s) and/or did not take up employment abroad;
  • Kept your family in the US when you traveled abroad (e.g., all passport pages of your spouse/children);
  • Paid US state and federal taxes (tax return transcripts);
  • Maintained banking relationships with US financial institutions (e.g., US bank statements with transaction history);
  • Maintained health insurance coverage in the US and/or used health care services in the US (e.g., US medical bills);
  • Intended to stay abroad for a short period (e.g., flight bookings, reasons for travel, etc.)

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