N400: Physical presence is barely more than 30 month

[Mouriz 0]

Hello,

 

My fifth birthdate of my Green Card is coming soon, I will apply for N400.

 

Due to my work condition I had to travel a lot out of the US for periods less than 6 months, so I did not break the 6 months rule.

 

However, I have many trips of around 4-5 months periods and the total physical presence is just few days more than 30 months, will this affect my application in anyway? I know it should be ok, but I want to make sure if I am missing anything.

 

Any hints on that please?

 

Thanks

[Mike E 11,745]

Possibly the IO will determine you broke continuous residency.  
 

Showing that you filed tax returns and maintained an address in the USA (rent, mortgage, property tax receipts), and kept a state ID / DL current that entire time will be helpful. 

[Mike E 11,745]

Also the IO calculated more days outside the USA than I did.  I used an excel spreadsheet and was sure I was correct.  Still I was well under 20 percent absent from the USA so the point wasn’t worth arguing and I signed off on the the IO’s numbers.  Since you are at the margin of you get a math challenged IO you run a risk of being denied purely on physical presence.  

[carmel34 3,664]

2 hours ago, Mouriz said:

Due to my work condition I had to travel a lot out of the US for periods less than 6 months, so I did not break the 6 months rule.

However, I have many trips of around 4-5 months periods and the total physical presence is just few days more than 30 months, will this affect my application in anyway? I know it should be ok, but I want to make sure if I am missing anything.

Any hints on that please?

If you were physically present in the US for only a few days more than the required 30 months, the officer may ask for evidence to support your claim, so be prepared with documentation and be truthful, as they can check CBP and other records to verify.  As for the frequent trips outside the US for less than 6 months, it will be up to the officer's discretion and will be based on documentation that shows you maintained bank accounts, driver's license, house/apartment lease or ownership, car insurance, and correctly filed state and federal income tax returns in the US for the five years since you became an LPR.  Here's a section from the policy manual on continuous residency for naturalization that you may find informative:

 

"An officer may also review whether an applicant with multiple absences of less than 6 months each will be able to satisfy the continuous residence requirement. In some of these cases, an applicant may not be able to establish that his or her principal actual dwelling place is in the United States or establish residence within the United States for the statutorily required period of time."  (Volume 12, Part D, Chapter 3)

[Mouriz 0]

Thank you for your replies, I have all these documents except that I do not have a lease contract as I moved to live in a friend's guest house, I have tax returns, bank account, DL and everything else. I am not sure if this will be enough or not. Any advices?

 

 

 

[igoyougoduke 1,677]

59 minutes ago, Mouriz said:

Thank you for your replies, I have all these documents except that I do not have a lease contract as I moved to live in a friend's guest house, I have tax returns, bank account, DL and everything else. I am not sure if this will be enough or not. Any advices?

 

 

 

did you pay rent?  take printouts of bank transactions. any bills that you paid - have printouts 

[arken 4,197]

3 hours ago, Mouriz said:

Thank you for your replies, I have all these documents except that I do not have a lease contract as I moved to live in a friend's guest house, I have tax returns, bank account, DL and everything else. I am not sure if this will be enough or not. Any advices?

Any utility bills?

 

8 hours ago, Mouriz said:

the total physical presence is just few days more than 30 months

Unless you have some convincing documents that clearly mention your exit and entry dates, i suggest you wait may be a month or two before filing the naturalization. Even if you are found a day short, you will be losing all that time and money and restart it. So better have some buffer.

 

 

[Mike E 11,745]

5 hours ago, Mouriz said:

Thank you for your replies, I have all these documents except that I do not have a lease contract as I moved to live in a friend's guest house, I have tax returns, bank account, DL and everything else. I am not sure if this will be enough or not. Any advices?

 

 

 

You will need your friend to provide a signed statement that you occupied the guest house for the past 5 years.  
 

I would consider legal advice as on the surface it looks like you moved to another country to work and had a superficial presence in the USA.  
 

Had you asked VJ 5 years ago, I am sure you would have been advised to sign a lease at market rates for the guest house.  

[JeanneAdil 6,727]

3 hours ago, Mike E said:

You will need your friend to provide a signed statement that you occupied the guest house for the past 5 years.  
 

I would consider legal advice as on the surface it looks like you moved to another country to work and had a superficial presence in the USA.  
 

Had you asked VJ 5 years ago, I am sure you would have been advised to sign a lease at market rates for the guest house.  

Totally agree  

i would not apply till u satisify both continuous and physical presence

 

Do u even realize u have a 3 month residency (prior to filing)   in the state or service district that has jurisdiction over the his or her place of residency?

 

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 ^[2] and physical presence requirements are interrelated but each must be satisfied for naturalization. 

[Letspaintcookies 2,310]

Are you employed by a US company that sends you away or are you freelancing?

If it's the first bring something showing that your company is sending you. That's a good way of showing that it's not you alone making these decisions to go away.

[jakelake 222]

What is the purpose of filing N-400 now if you are not certain that you will qualify? 

It would make sense to apply if your green card was 1-2 years away from expiration. It would also makes sense to apply if the N-400 application fee were about to increase again.

 

[Mike E 11,745]

17 hours ago, jakelake said:

What is the purpose of filing N-400 now if you are not certain that you will qualify? 

It would make sense to apply if your green card was 1-2 years away from expiration. It would also makes sense to apply if the N-400 application fee were about to increase again.

 

1. With the pattern of travel, it is inevitable some CBP officer will process OP as an arriving alien  instead a returning resident. This then leads to a notice to appear in immigration court for removal proceedings.
 

2. A $500 traffic fine is enough trigger removal proceedings.  
 

I know an LPR who had some misdemeanors decades ago, was stripped of his LPR status in 2019, and he avoided deportation  only because he was determined to be stateless.  But he got to enjoy ICE accommodations for the better part of a year.   

 

Edited December 22, 2021 by Mike E

[jakelake 222]

On 12/22/2021 at 3:30 PM, Mike E said:

1. With the pattern of travel, it is inevitable some CBP officer will process OP as an arriving alien  instead a returning resident. This then leads to a notice to appear in immigration court for removal proceedings.
 

2. A $500 traffic fine is enough trigger removal proceedings.  
 

I know an LPR who had some misdemeanors decades ago, was stripped of his LPR status in 2019, and he avoided deportation  only because he was determined to be stateless.  But he got to enjoy ICE accommodations for the better part of a year.   

 

Applying for citizenship still would be rejected because not enough time has been spent in the US.

[Mike E 11,745]

2 hours ago, jakelake said:

Applying for citizenship still would be rejected because not enough time has been spent in the US.

OP meets the letter of the law on physical presence. Regardless I was responding to question about why there is a rush to naturalize.