Physical Presence requirements

[Quarknase 1,072]

Hi All,

 

I'm planning to file my N-400 under 3 year rule - I am clear on most requirements to qualify, but unclear about the physical presence.

I see that out of 36 months (3 years) a minimum physical presence of 18 months is required. Which I already meet.

However, I am planning to be abroad for some time while my application is processing. I will retain residency (US Job, apartment, car... you name it).

 

My question (and I couldn't find a clear answer so far): Is there a minimum requirement for physical presence immediately before filing or interview date or oath ceremony?

Or am I good to go as long as I spent more than the required 18 months out of 3 years within the US - and not more than 3 months outside in a row?

 

Thank you!

[afrocraft 313]

On 5/21/2019 at 3:40 AM, Quarknase said:

My question (and I couldn't find a clear answer so far): Is there a minimum requirement for physical presence immediately before filing or interview date or oath ceremony?

Or am I good to go as long as I spent more than the required 18 months out of 3 years within the US - and not more than 3 months outside in a row?

 

See the USCIS Policy Manual for yourself; pay attention to the underlined portion: https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-4

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. The continuous residence and physical presence requirements are interrelated but each must be satisfied 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.

 

There are other related requirements (continuous residence, state residence) which you appear to be confusing with physical presence. Note the subtle differences in the requirements, which I have also underlined: https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3

Quote

A. Continuous Residence Requirement
An applicant for naturalization under the general provision must have resided continuously in the United States after his or her lawful permanent resident (LPR) admission for at least five [three for you] years prior to filing the naturalization application and up to the time of naturalization. An applicant must also establish that he or she has resided in the state or service district having jurisdiction over the application for three months prior to filing.

 

Edited May 22, 2019 by afrocraft

[Quarknase 1,072]

Thank you both @love_my_wife @afrocraft for your answers!

 

The overall continuous residence and physical presence requirements are clear to me, as stated in the USCIS requirements.

 

From my original post: "Or am I good to go as long as I spent more than the required 18 months out of 3 years within the US - and not more than 3 months outside in a row?"

 

My concern was only regarding physical presence right before interview/oath.

For clarification: If I'm maintaining continuous residence AND physical presence calculated over the 3 year period (more than 18 months in the country, never away for longer than 2.5-3 months in a row, maintaining US based employment etc etc), BUT I am out of the country 3 out of 6 months right before the interview and/or oath. Would that cause an issue?

Maybe I'm thinking to complicated and USCIS really only cares about the entire time frame, but I want to cover my bases 🤪

 

[afrocraft 313]

1 hour ago, Quarknase said:

 @love_my_wife @afrocraft 

For clarification: If I'm maintaining continuous residence AND physical presence calculated over the 3 year period (more than 18 months in the country, never away for longer than 2.5-3 months in a row, maintaining US based employment etc etc), BUT I am out of the country 3 out of 6 months right before the interview and/or oath. Would that cause an issue?

Maybe I'm thinking to complicated and USCIS really only cares about the entire time frame, but I want to cover my bases 🤪

 

I'm not fully sure I understand the source of your uncertainty, but I'll respond to the scenario you raised (in bold above):

 

- Leaving the country for 3 months is almost never an issue -- unless you've formally notified the government that you're giving up your green card, or something to that effect.

 

- For physical presence, all USCIS cares is that, by the day they receive your application, you've been physically in the US for 18 months or longer in total (calculated in days). Your goings and comings (e.g., 4 months out of 6, even just before interview) are totally irrelevant for evaluating physical presence.

 

- One complication: If you leave the country for more than three months right before you apply for citizenship, and you relocate to a different USCIS jurisdiction (say, a different state) than the one you resided in before you travelled, then you must wait 3 months to meet the state residence requirement.

 

Hope that helps!

Edited May 23, 2019 by afrocraft

[Quarknase 1,072]

Yes, this answers exactly what I wasn't sure about. Thank you very much!!! @afrocraft

[TZKA 34]

I will be submitting N-400 form soon for naturalization based on marriage after 3 years residence in USA. My question, how do I answer the question about how many days have you been outside USA in last 5 years. Well, have been here only 3 years. Do I count the 2 years outside USA prior to marriage in total??

[Quarknase 1,072]

2 hours ago, TZKA said:

I will be submitting N-400 form soon for naturalization based on marriage after 3 years residence in USA. My question, how do I answer the question about how many days have you been outside USA in last 5 years. Well, have been here only 3 years. Do I count the 2 years outside USA prior to marriage in total??

I'll let others confirm, but if you apply under 3 years rule your residency requirements only apply to those 3 years. Continuous residency, and 18 months physical presence are the requirements. The days outside of the country you calculate based on the days you were actually out of the country within the qualifying 3 years

The days you're departing from the US, and arriving back in the US, don't count as outside of the country as far as I know - but again, it'll be safer if a more seasoned member confirms this as well.

 

[afrocraft 313]

6 hours ago, TZKA said:

I will be submitting N-400 form soon for naturalization based on marriage after 3 years residence in USA. My question, how do I answer the question about how many days have you been outside USA in last 5 years. Well, have been here only 3 years. Do I count the 2 years outside USA prior to marriage in total??

I don't recall that question phrased that way in the online application, though I see it in the paper one. The question and the N-400 instructions are clear: provide for 5 years (even though, as @Quarknase has rightly noted, you'll be assessed on the last 3 years).