N400 Physical Presence

[Maxxx 0]

I am about 8 months into the N400 process, which in my location is about half way through current processing times.

 

My question relates to the minimum physical presence requirement.

 

As part of the N400 application, all travel outside the US up to that point in time needed to be listed on the application form.

 

But given that processing times have become so long, what about any travel outside the US during the processing (waiting) period?

 

Does the record get updated at the time of the actual N400 interview, or does the application simply remain based on the physical presence up to the time when the N400 was filed?

 

In my case, I travel internationally on a very regular basis for work. Though frequent, they are mostly pretty short trips, and so either way I should be well within the physical presence minimum.

 

However I would like to be clear and aware as to whether the physical presence test gets applied at the time of filing, or at the time of the interview ?

 

Thank you     

[USS_Voyager 1,971]

40 minutes ago, Maxxx said:

ut given that processing times have become so long, what about any travel outside the US during the processing (waiting) period?

They will ask you about that at the interview

 

41 minutes ago, Maxxx said:

Does the record get updated at the time of the actual N400 interview, or does the application simply remain based on the physical presence up to the time when the N400 was filed?

See above. They will ask you about it. In my case, the officer asked me that, and I answered (I did have one trip outside the US after submitting the N-400) and she said: "Yes, that matches with our records". So evidently, she has access to the same database CBP has about incoming and outgoing travel. She just wanted to test me. In short, they know. 

 

43 minutes ago, Maxxx said:

 

However I would like to be clear and aware as to whether the physical presence test gets applied at the time of filing, or at the time of the interview ?

At least until the time of the interview. 

[Maxxx 0]

23 minutes ago, USS_Voyager said:

They will ask you about that at the interview

 

See above. They will ask you about it. In my case, the officer asked me that, and I answered (I did have one trip outside the US after submitting the N-400) and she said: "Yes, that matches with our records". So evidently, she has access to the same database CBP has about incoming and outgoing travel. She just wanted to test me. In short, they know. 

 

At least until the time of the interview. 

Thank you USS Voyager, I appreciate it.

 

Certainly it's not that I would seek to hide anything. But my work is for a US airline, where I might fly internationally something like 30x per year...

 

And I'm not even sure that their database is kept up fully, because for example on some trips I have just been waved through immigration on arrival, without anyone even checking my Passport, GC, or anything.

 

In any case, all of the trips are short, and yes I certainly intend to report that I do make those work trips when asked.

 

Thanks again!

Edited September 26, 2019 by Maxxx

[USS_Voyager 1,971]

4 minutes ago, Maxxx said:

And I'm not even sure that their database is kept up fully, because for example on some trips I have just been waved through immigration on arrival, without anyone even checking my Passport, GC, or anything.

But I'm sure they have your passport number as part of the crew and passenger manifest, no?

[Maxxx 0]

9 minutes ago, USS_Voyager said:

But I'm sure they have your passport number as part of the crew and passenger manifest, no?

Yes I guess they do, you are right

[afrocraft 313]

7 hours ago, Maxxx said:

However I would like to be clear...as to whether the physical presence test gets applied at the time of filing, or at the time of the interview ? 

At the time of filing. 

 

You appear to be conflating 2 separate but related eligibility requirements -- physical presence and continuous residence. You must meet both requirements.

 

Physical presence (actual, on-the-ground presence in the US) is only adjudged at filing: Have you stayed in the US, in total, at least half the required statutory period? From USCIS Policy Manual:

 

Quote

 

A. Physical Presence Requirement
An applicant for naturalization is generally required to have been physically present in the United States for at least half the time for which his or her continuous residence is required... Physical presence refers to the number of days the applicant must physically be present in the United States during the statutory period up to the date of filing for naturalization...USCIS will count the day that an applicant departs from the United States and the day he or she returns as days of physical presence within the United States for naturalization purposes.

 

 

Continuous residence (maintaining US ties, sort of) is decided at filing -- and up until you take the oath! You must continue to show you are not outside the US any longer than 6 months at a time without a valid reason. Again from the Policy Manual:

 

Quote

 

A. Continuous Residence Requirement
An applicant for naturalization ... must have resided continuously in the United States after his or her lawful permanent resident (LPR) admission for at least five (or three) years prior to filing the naturalization application and up to the time of naturalization... The concept of continuous residence involves the applicant maintaining a permanent dwelling place in the United States over the period of time required by the statute. 

 

 

[Maxxx 0]

On 9/26/2019 at 6:14 PM, afrocraft said:

At the time of filing. 

 

You appear to be conflating 2 separate but related eligibility requirements -- physical presence and continuous residence. You must meet both requirements.

 

Physical presence (actual, on-the-ground presence in the US) is only adjudged at filing: Have you stayed in the US, in total, at least half the required statutory period? From USCIS Policy Manual:

 

 

Continuous residence (maintaining US ties, sort of) is decided at filing -- and up until you take the oath! You must continue to show you are not outside the US any longer than 6 months at a time without a valid reason. Again from the Policy Manual:

 

 

Hello afrocraft

 

My apology for not responding earlier, but I haven't had a chance to log in again until now.

 

First of all thank you so much for your clarification. I appreciate it. And yes I was confused prior to your clarification.

 

Fortunately your clarification happens also to be good news for me, because yes at the time of filing I had maintained physical presence for well over half of the statutory period (in fact about 7/8th of the  statutory period), AND, since the time of being a resident, I have never stayed outside of the US for more than about 10 days (and usually only one or two days).

 

By the way, I really like the name afrocraft!

 

Thanks again!   

[afrocraft 313]

21 minutes ago, Maxxx said:

Hello afrocraft

 

My apology for not responding earlier, but I haven't had a chance to log in again until now.

 

First of all thank you so much for your clarification. I appreciate it. And yes I was confused prior to your clarification.

 

Fortunately your clarification happens also to be good news for me, because yes at the time of filing I had maintained physical presence for well over half of the statutory period (in fact about 7/8th of the  statutory period), AND, since the time of being a resident, I have never stayed outside of the US for more than about 10 days (and usually only one or two days).

 

By the way, I really like the name afrocraft!

 

Thanks again!   

Glad to be of help. Maxxx isn't too bad either!