30 months continous residency

S

springbranch

Registered Users (C)
This question is on behalf of a friend.

How do you calculate the 30 months physical/continous resicency?
To which date? Application, Interview, Oath date?
How picky are the interviewing officers?
Thanks in advance.
 
As I understand it, the answer is "Yes"

When you submit your N-400, you should meet both the continuous residence and physical presence (the 30 months) rules.

When you go in for your interview, you should meet both as well (technically over the previous 5 years, but I imagine the IO will look back to the beginning of the N-400 5 year period and try to consider that whole period in the "you need to be here 50% of the time" evaluation).

I believe you also need to meet the rules on the day you take the oath.

(not a lawyer, not an expert, etc.)
 
The physical presence rule is based upon a rolling window, which for most applicants is 5 years (or 3yrs thru marriage to USC). As you know, you need an accumulated total of 30 months (900 days) physical presence, including days when you either departed or arrived in the US. As flydog said, you need to maintain your eligibility inside these parameters right up until you take oath. (Same goes for continuous residence too)
 
I heard from one friend that his lawyer told him that the physical presence test should hold true for the 5-year period right before the application date, but not required up to the interview date and oath date. However, the continuous residence test should hold true all the way through the oath date.

So anybody know how to get a definitive and authoritive answer?

Thanks,

Seattlebear
 
Thanks for the responses but let me ask you this.
What is the difference between continous residency and physical presence?
 
seattlebear said:
So anybody know how to get a definitive and authoritive answer?
Click to expand...

Sure. You can always read 8.CFR.316.2 for guidance on physical presence criteria. 8.CFR is the definitive source for immigration law, but it can be a bit hard to follow at times.

Note: you are considered "an applicant" for naturalization from the moment you send in your N-400 up until you take the oath, withdraw your application or are denied. Therefore, you must continue to meet the eligibility criteria until your process it complete.
 
springbranch said:
Thanks for the responses but let me ask you this.
What is the difference between continous residency and physical presence?
Click to expand...

The Guide to Naturalization explains this. Continuous residence is roughly: "you did nothing to indicate that you intended to give up your permanent residence (or that you gave it up)". Physical presense is roughly: "in the last five years, you were in the country more often than you were out".
 
Something Flydog wrote caught my attention. Is it 30months of physical presence at the time of applying(5yrs-3mnths)? I believe you could apply if you will have 30months of physical presence within the period of 5yrs being considered.
 
Once again I think this falls under the heading of "if you're cutting it that close to the eligibility criteria, its better to wait a bit longer".

Now, as far as I know the 90 day early application period only applies to the continuous residence portion of the waiting period, so my suggestion would be make sure you meet the 30 months before sending your application.
 
If the app gets rejected on the basis of eligibility wrt to stay and timeframe, can one just re-apply, when appropriate, say, a few months later?
I would like to hear from people who have been denied on that basis.

Thanks.
 
So long as you were denied without prejudice, there is usually no problem reapplying when you meet whatever criteria they didn't like first time around.
 
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