Physical presence in resident state

C

Citizen 2017

New Member
Hi,

In October 2017 I will have been a US resident for 5 years (green card) and I have a few questions about applying in July 2017 (3 months before the 5-year obligation) that I'm hoping someone can help me with:
1/ Do I have to be physically present in the US when I apply in July?
2/ Will I automatically have a biometrics appointment and do I have to do it in my resident state?
3/ Do I have to do my USCIS interview and naturalization ceremony in my resident state?
4/ Are there any obligations about the amount of time I have to be physically present in my resident state?

Thank you for any help with these questions
 
I don't think that there are any specific physical presence requirements of the type you mention, but you need to have been a US resident for the full five years (or 4 years, 9 months as of July 2017) as well as a resident of the district from which you apply for 90 days.

You need to list both periods of absence from the US and your past residences on the form. If it is apparent from your answers that you've never spent much time in your resident district (eg you've been absent from the US most of the time you claim to have resided there) it could raise questions as to whether you've ever really lived there. Brief absences from the US are not a problem (including a brief absence that happens to be at the time you apply for N-400). An absence of more than 6 months creates a rebuttable presumption that you've given up US residence. If the absence extends to more than 1 year that presumption can no longer be rebutted. Similar presumptions may apply if you are mostly absent for >6 or >12 months with only brief returns to the US in an attempt to reset the clock.

As for residence in the resident district and state, I do not believe you are required to physically be there for any particular time period, but it should be your legal residence. Where do you have your main physical home? Where do you file taxes? Where is your driver's license or other state ID? That's where you should be applying. But if the documentation is clear that your legal residence is where you say it is, I don't see them tracking the days when you are physically present there as opposed to elsewhere in the US.

You only need to physically be there for three specific events: the biometrics appointment, the interview, and the oath. In some districts the interview and the oath might be on the same day--but this cannot be guaranteed. The biometrics can often--but not always--be done elsewhere in the US on a walk in basis but never outside the US. The interview and oath--perhaps but not guaranteed to be on the same day--will have to be done in your home district and your physical presence will be required.
 
You must log in or register to reply here.
Top