Physical presence

[Showl 0]

Hello there, Nice to meet you all 

 

I have a question regarding physical presence for my parents 

The 30 months rule or physical presence

does this need to be literally before applying

to the N-400? 
my mother traveled few trips during the 5 years of residency

most of her trips took 2-3 months at most

I think they total about 12 months of traveling spread over the 5 years 

the problem is, the lawyer we dealt with said all you need is to maintain continual residence with no trips more than 6 months, but never said that she had to stay 30 months before applying without taking any trips outside the USA

 

my question is, did i understand it right?
so 30 months with not a single trip abroad? 
so if she took a trip of 3 months within those 30 months before applying she cant apply now? Thank you

 

[Verrou 1,898]

5 x 12 months = 60 months. She has to maintain residency in US for at least 30 months. And you can break it into 6 months per year. She can leave the states during that 5 years period but not more than 6 months per year 

[iwannaplay54 985]

29 minutes ago, Showl said:

Hello there, Nice to meet you all 

 

I have a question regarding physical presence for my parents 

The 30 months rule or physical presence

does this need to be literally before applying

to the N-400? 
my mother traveled few trips during the 5 years of residency

most of her trips took 2-3 months at most

I think they total about 12 months of traveling spread over the 5 years 

the problem is, the lawyer we dealt with said all you need is to maintain continual residence with no trips more than 6 months, but never said that she had to stay 30 months before applying without taking any trips outside the USA

 

my question is, did i understand it right?
so 30 months with not a single trip abroad? 
so if she took a trip of 3 months within those 30 months before applying she cant apply now? Thank you

 

https://www.uscis.gov/citizenship/continuous-residence-and-physical-presence-requirements-for-naturalization
 

The lawyer (as usual) would be incorrect.  The rule is 30 months out of 60 months with no single absence greater than one year, and any absence greater than 6 months requires additional proof that residency was maintained during that absence.

[Showl 0]

1 hour ago, Misscloud said:

5 x 12 months = 60 months. She has to maintain residency in US for at least 30 months. And you can break it into 6 months per year. She can leave the states during that 5 years period but not more than 6 months per year 

I think I miss asked the question 

 

my question is do those 30 months have to be continuance without any trips before she applies? 
 

lets say my mom is eligible to apply on April 1st

and she took a trip last month and stayed for 1 month outside the USA

Does she have to wait an extra month since she left the country for a month within 30 months of applying? 

[Showl 0]

1 hour ago, iwannaplay54 said:

https://www.uscis.gov/citizenship/continuous-residence-and-physical-presence-requirements-for-naturalization
 

The lawyer (as usual) would be incorrect.  The rule is 30 months out of 60 months with no single absence greater than one year, and any absence greater than 6 months requires additional proof that residency was maintained during that absence.

I am more concerned about the physical presence not residency

as in does she have to stay physically in the USA for 30 month before applying? Like for 30 months before applying for her naturalization she cant leave the country at all or she has to recount the time? 

[Mike E 11,722]

4 hours ago, Showl said:

I am more concerned about the physical presence not residency

as in does she have to stay physically in the USA for 30 month before applying? Like for 30 months before applying for her naturalization she cant leave the country at all or she has to recount the time? 

First any single continuous absence for the USA of more than 180 days is assumed to break continuous residence for naturalization purposes.  Absences shorter than 180 days can also break continuous residence for purposes of naturalization.  It depends what she was doing during those 2 month absences.  

 

Second, the 30 months is total physical presence not total residency. With few exceptions she needs to be a resident for the entire 5 years before filing N-400.    One exception is if she became an LPR between 5 years less 90 days ago and 5 years less one day ago.  She can file N-400 1-90 days early.  During the 5 years of residency she is permitted to be absent from the USA provided at least half of her physical presence is in the USA.  
 

Third the 30 months in 60 months things is an over simplification.  Months vary in the number of days.

Forget about months because people who try to cherry pick months to game the system will lose (“but officer I was in the USA all of April so I shouldn’t be penalized for being away all of March” isn’t going to cut it).  

 

Since 1905, every possible 5 year period in the Gregorian calendar has had up to 3 * 365 + 2 * 366 days = 1827 days.  You must be physically present in the USA for 913 (if just one leap year) or 914 (if 2 leap years) days in the 5 year period prior to filing N-400

 

So for your mother’s case, if she has 913 or more  days of physical presence in the USA and no trips with a continuous absence of 181 or more days in the previous 1826 days then she is eligible to file.  
 

These 913 days do not have to be continuous.  
 

She should visit https://www.uscis.gov/citizenship-resource-center/learn-about-citizenship/naturalization-eligibility to be sure. 

Edited March 21, 2022 by Mike E

[Showl 0]

1 hour ago, Mike E said:

First any single continuous absence for the USA of more than 180 days is assumed to break continuous residence for naturalization purposes.  Absences shorter than 180 days can also break continuous residence for purposes of naturalization.  It depends what she was doing during those 2 month absences.  

 

Second, the 30 months is total physical presence not total residency. With few exceptions she needs to be a resident for the entire 5 years before filing N-400.    One exception is if she became an LPR between 5 years less 90 days ago and 5 years less one day ago.  She can file N-400 1-90 days early.  During the 5 years of residency she is permitted to be absent from the USA provided at least half of her physical presence is in the USA.  
 

Third the 30 months in 60 months things is an over simplification.  Months vary in the number of days.

Forget about months because people who try to cherry pick months to game the system will lose (“but officer I was in the USA all of April so I shouldn’t be penalized for being away all of March” isn’t going to cut it).  

 

Since 1905, every possible 5 year period in the Gregorian calendar has had up to 3 * 365 + 2 * 366 days = 1827 days.  You must be physically present in the USA for 913 (if just one leap year) or 914 (if 2 leap years) days in the 5 year period prior to filing N-400

 

So for your mother’s case, if she has 913 or more  days of physical presence in the USA and no trips with a continuous absence of 181 or more days in the previous 1826 days then she is eligible to file.  
 

These 913 days do not have to be continuous.  
 

She should visit https://www.uscis.gov/citizenship-resource-center/learn-about-citizenship/naturalization-eligibility to be sure. 

“These 913 days do not have to be continuous” this is exactly the answer i am looking for. 
none of her trips exceeded 3 months

and she has permenant residence here

she works and pays taxes and everything here 

 

we just got suddenly worried that those 913 days have to be continuous before she applies for naturlization 

thank you so much 

[iwannaplay54 985]

5 hours ago, Showl said:

I am more concerned about the physical presence not residency

as in does she have to stay physically in the USA for 30 month before applying? Like for 30 months before applying for her naturalization she cant leave the country at all or she has to recount the time? 

NO she does not and please read the resources provided to you which clearly explain the rules.  

 

16 minutes ago, Showl said:

“These 913 days do not have to be continuous” this is exactly the answer i am looking for. 
 

That is what the link said