Physical Presence - Does time before naturalization count?

[dataman2019 1]

Hello everyone,

 

For CRBA filing's 5 years physical presence requirement - does time spent there as a Green Card holder count? Or does it needs to be 5 years as a US citizen?

 

Any help will be appreciated!

 

Edited September 11, 2019 by dataman2019

[Dashinka 23,198]

To the best of my knowledge, only the residency time spent after the naturalization oath ceremony counts toward extending citizenship to a child born overseas.

Edited September 11, 2019 by Bill & Katya

[Nana2020 0]

Does this apply to residency requirments also ?

I mean if i stay for only 3 moths after natrulization may it not establish my residency here ? My spouse which is a us citizen have lived here for 3 years though .. Any experience appriciated.

 

What do you think?https://www.visajourney.com/forums/topic/716271-physical-presence-for-us-perents-of-a-child/

[Nana2020 0]

 

What do you think ? Thanks

On 9/11/2019 at 6:52 AM, Bill & Katya said:

To the best of my knowledge, only the residency time spent after the naturalization oath ceremony counts toward extending citizenship to a child born overseas.

https://www.visajourney.com/forums/topic/716271-physical-presence-for-us-perents-of-a-child/

[jan22 2,897]

On 9/11/2019 at 6:52 AM, Bill & Katya said:

To the best of my knowledge, only the residency time spent after the naturalization oath ceremony counts toward extending citizenship to a child born overseas.

Sorry --- this is completely wrong!  All time physically spent in the US --- in any status or even undocumented --- counts toward the physical presence requirement.  Any time a person was physically in the US -- without documents, as a tourist, while adjusting status, as a green card hold r r, whatever --  counts.  It's exactly what the label says -- physical presence.

 

However, if both parents are US citizens at the time of the child's birth, the requirement becomes residence instead of physical presence.  At least one of the parents must prove they resided -- lived -- in the US.  There is no required amount of time, just that it be residence and not just visiting the US from a residence abroad.

Edited September 15, 2019 by jan22

[Dashinka 23,198]

9 hours ago, jan22 said:

Sorry --- this is completely wrong!  All time physically spent in the US --- in any status or even undocumented --- counts toward the physical presence requirement.  Any time a person was physically in the US -- without documents, as a tourist, while adjusting status, as a green card hold r r, whatever --  counts.  It's exactly what the label says -- physical presence.

 

However, if both parents are US citizens at the time of the child's birth, the requirement becomes residence instead of physical presence.  At least one of the parents must prove they resided -- lived -- in the US.  There is no required amount of time, just that it be residence and not just visiting the US from a residence abroad.

Yes, I stand corrected.

 

https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-5

 

C. Physical Presence of the U.S. Citizen Parent or Grandparent [7]

1. Physical Presence of Child’s U.S. Citizen Parent

A child’s U.S. citizen parent must meet the following physical presence requirements:

• The parent has been physically present in the United States or its outlying possessions for at least five years; and

• The parent met such physical presence for at least 2 years after he or she reached 14 years of age.

A parent’s physical presence is calculated in the aggregate and includes time accrued in the United States during periods when the parent was not a U.S. citizen.