3 months Physical Presense requirement before N-400 application

S

sharadgarg

New Member
I am getting conflicting results from my research on immigration.com forums as well as internet.

I have a N-470 and currently I am on a work assignment outside the USA. I meet all eligibility criteria. Only doubt is about the following:-

- Do I need to be physically present in the US for 3 months before applying for citizenship?

The M-476 guide says: I have resided in the district or state in which I am applying for citizenship for the last three months.
It is unclear what "resided" means here.

There is something called CFR 316.5 which seems to state that physical presence is required. A checked with an attorney and they refused to file my case because their interpretation was that physical presence is required.

How do I authoritatively find out what the law says?
 
sharadgarg said:
I am getting conflicting results from my research on immigration.com forums as well as internet.

I have a N-470 and currently I am on a work assignment outside the USA. I meet all eligibility criteria. Only doubt is about the following:-

- Do I need to be physically present in the US for 3 months before applying for citizenship?

The M-476 guide says: I have resided in the district or state in which I am applying for citizenship for the last three months.
It is unclear what "resided" means here.

There is something called CFR 316.5 which seems to state that physical presence is required. A checked with an attorney and they refused to file my case because their interpretation was that physical presence is required.

How do I authoritatively find out what the law says?
Click to expand...


Residency means where you have established your main home.
You must have at least 3 months of residency in the district area from where you are applying from before you can apply.The N-470 does not override this requirement. However, if you previously established at least 3 months of residency before leaving the US on N-470, you will be deemed to have met the district residency requirement once you return to live in the same district area.
 
Bobsmyth, what do you mean by "once you return to live in the same district area"? Does that mean I can not apply for citizenship unless I return to the US?
 
sharadgarg said:
Bobsmyth, what do you mean by "once you return to live in the same district area"? Does that mean I can not apply for citizenship unless I return to the US?
Click to expand...

That's correct. If you are on a long term assignment, applying outside US while on N-470 is too risky as your district residency requirement will not be met.
 
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