continous/physical presence

[mugs 0]

Hi,

I'm a little confused by this. I understand what continuous presence is. For example a permanent resident married to a citizen needs three years of it in order to become a citizen. Where I get a little hung up is the physical part. If the permanent resident leaves the U.S. for some periods (less than 6 months) during those three years, then does that time count against them?

Thanks for your help!

[diadromous mermaid 36]

Hi,

I'm a little confused by this. I understand what continuous presence is. For example a permanent resident married to a citizen needs three years of it in order to become a citizen. Where I get a little hung up is the physical part. If the permanent resident leaves the U.S. for some periods (less than 6 months) during those three years, then does that time count against them?

Thanks for your help!

In general, “continuous residence” concerns the maintenance of the applicant’s residence in the United States over a period of time required by a statute, where “residence” is determined by the applicant’s principal actual dwelling place in the United States.

“Physical presence” refers to the number of days the person must physically be in the United States. Unless specifically exempt, an applicant for naturalization must satisfy both “continuous residence” and “physical presence” requirements and must have resided in the State or USCIS district having jurisdiction over his or her place of residence for a minimum of three months preceding the filing of the application.

Section 316(a) of the Act prescribes that an applicant for naturalization must have “resided continuously, after being lawfully admitted for permanent residence, within the United States for at least five years and during the five years immediately preceding the date of filing” must also have “been physically present therein for periods totaling at least half of that time.” The resulting total of 30 months is the minimum physical presence requirement for such an applicant. Section 319 reduces that requirement to 3 yrs if married to a USC

Section 319(a) of the Act reduces the required period of continuous residence within the United States from five years to three years and accordingly the required period of physical presence is reduced from 30 months to 18 months for any LPR who is the spouse of a USC.

[lucyrich 20]

Physical presence counts all the days you were actually inside the US.

Continuous residence counts the time on the calendar since you last came to the US permanently (and/or last returned to the US from a break in continuous residence) until today.

Generally, the physical presence requirement is half of the continuous residence requirement. So if married to and living with a US Citizen, you've got a 3 year continuous residence requirement, and an 18 month physical presence requirement.

Because most people spend most of their time at home, and only take occasional vacations abroad, most people who meet the continuous residence requirement don't have to worry much about the physical presence requirement. But, for example, if you worked on a cruise ship or something like that where you spent three weeks of every month away from home and out of the US, then the physical presence requirement might be a problem for you, even though you had more than enough continuous residence time.

[mugs 0]

Physical presence counts all the days you were actually inside the US.

Continuous residence counts the time on the calendar since you last came to the US permanently (and/or last returned to the US from a break in continuous residence) until today.

Generally, the physical presence requirement is half of the continuous residence requirement. So if married to and living with a US Citizen, you've got a 3 year continuous residence requirement, and an 18 month physical presence requirement.

Because most people spend most of their time at home, and only take occasional vacations abroad, most people who meet the continuous residence requirement don't have to worry much about the physical presence requirement. But, for example, if you worked on a cruise ship or something like that where you spent three weeks of every month away from home and out of the US, then the physical presence requirement might be a problem for you, even though you had more than enough continuous residence time.

Great! That really clears it up. Thanks!

[fresia 1]

Please help.

My husband applied I130 for me. He is GC holder...In last 5 years he made a lot of stay abroad but he is GC holder for more than 10 years.

His physical presence in USA is like this :

2007 - 12 months

2008 - less than 1 month

2009 - 1 month

2010 - 2,5 months

2011 - 8 months

So it is appx 25 months of physical presence in USA.

In order to catch for missing 6 months to have 30 months out of 5 years we will have to wait till June 2013.

Do you think that maybe he should apply for citizenship now and risk a little bit???

Is there something to lose with try?

Has anyone get on with case like ours... After all he was GC holder for more than 10 years and before 2008 he never left USA NOT EVEN FOR A DAY .

Thanx!

[tdegrenier 1]

Perhaps I was a bit more conservative, but I looked at it in this way. Every day outside the US didn't count for my wife's "physical residence". So, 33 days outside of the country to me meant she needed 3 years and 33 days of continual residence to qualify. Perhaps that is the wrong view, but it made me secure in the fact that no one could question it.

Of course, we ended up not filing until after the 5 year mark anyway. Oh well!

[Brother Hesekiel 2,236]

My husband applied I130 for me. He is GC holder...In last 5 years he made a lot of stay abroad but he is GC holder for more than 10 years.

Do you think that maybe he should apply for citizenship now and risk a little bit???

No.

Is there something to lose with try?

Yes, definitely $680 and possibly his Green Card.

After all he was GC holder for more than 10 years and before 2008 he never left USA NOT EVEN FOR A DAY

Then he should have filed before he moved back to Bosnia.

Edited December 9, 2011 by Brother Hesekiel