Overview On Physical Presence Requirement To File Us Immigration Form N-400

By Author: Nancy Mervin
Total Articles: 56
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Using immigration Form N-400 you can apply for US citizenship provided you are fully eligible for the same. Apart from the requirements like that you need to be at least 18 years of age and a green card holder , most important eligibility criteria is ‘continuous residence’ requirement in US. This means the applicant should maintain residence within US for specified period of time.

Absence from US for more than six months period but less than a year disrupts the continuous residence requirement unless proved otherwise. If applicant stays outside US for more than a year then it fully disrupts the continuous residence requirement.

Period of residence requirements

In order to apply for US citizenship, as a permanent resident you should meet the continuous residence requirement for at least 5 years in US. In case you are married and staying with same US citizen the requirement is 3 years minimum stay in US.

In case you are a green card holder and in US armed forces service for at least a year and continue service ...
... or within six months after termination you can apply for US citizen. In case you are a member of selected reserve of the ready reserve or in active duty during a designated hostility period then even without having been physically in US for any specified period you can apply for US citizenship.

For a person born outside US and even if one of his/her parents is a US citizen they need to only file immigration Form N-600 for certificate of US citizenship. If based on the five years as lawful permanent resident or three years as lawful permanent resident married to US citizen filing for naturalization can be done 90 days before continuous residence requirement is met provided all other requirements are also met at that time when you are applying for US citizenship.

Physical presence requirements

Before applying applicant must be physically present in US for thirty months within the five year period or in case of qualified spouse of a US citizen applicant should have been physically present for at least eighteen months within the three year period. Also immediately preceding the filing of immigration Form N-400 applicant needs to show at least three months of residence in the particular USCIS district or state where the application is being filed and where the applicant claims to have residency, in spite of even 5 years or more of continuous residence in another state.

For applicants on a five year residency requirement that have broken the continuity rules and once return to the US using Travel document must wait four years and one day before they can apply for US citizenship again. For those on a three year residency requirement applicants have to wait two years and one day.

There is exception from meeting this requirement for certain applicants like

1. For who are working abroad for US government or military.
2. Persons working for contractors of US government
3. Persons working for recognized research institute of US.
4. Persons working for public international organizations.
5. Persons working for institutions designated under international immunities act.

After a year as permanent resident in US and continuous stay you can apply to preserve your residence while working abroad using Form N-470 for naturalization purposes with USCIS. During the period you are away you need to pay the taxes and hence show your intention to return to US whenever possible and also will be eligible to apply for US citizenship thereafter.