30 Months Physical Presence Rule

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USTRUK

New Member
My question is about the 30 months physical presence requirement before applying for US Citizenship. It is not clear, and I have heard different interpretations of this rule. Some say that one has to be physically present in the US for 30 months within the last 5 years period. Others say that one has to be physically present in the US for 30 months but not necessarily within the last five years. Which is true?

For instance, if one has a green card since 1997, but she has been living outside the US since 2005, (while making trips to the US once a year to keep her green card) can she apply for citizenship at this moment, or must she return to the US and be physically present there for at least 30 months before applying?

Thanks for any replies.

Brown
 
USTRUK said:
My question is about the 30 months physical presence requirement before applying for US Citizenship. It is not clear, and I have heard different interpretations of this rule. Some say that one has to be physically present in the US for 30 months within the last 5 years period. Others say that one has to be physically present in the US for 30 months but not necessarily within the last five years. Which is true?

For instance, if one has a green card since 1997, but she has been living outside the US since 2005, (while making trips to the US once a year to keep her green card) can she apply for citizenship at this moment, or must she return to the US and be physically present there for at least 30 months before applying?

Thanks for any replies.

Brown
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After you spend outside US more than 6 months you're breaking your continuously residency. Another thing if you didn't pay taxes for those years you spend outside US you're not eligible for Citizenship, and your status can be revoke as well.
You have to have 5 years as a Permanent Resident, and lived here 30 or more months within 5 years, and spend outside US no more than 6 months continuously. If you failed to file taxes you will be considered as abandoned status and not eligible for citizenship.

If you left US in 2005 and coming back for few days weeks just to have stamp in your passport is not enough for citizenship.
 
The 30 months is for the last 5 years immediately before you file the naturalization application. The 30 months don't have to be consecutive, but there must be a total of 30 months within the last 5 years.
 
USTRUK said:
My question is about the 30 months physical presence requirement before applying for US Citizenship. It is not clear, and I have heard different interpretations of this rule. Some say that one has to be physically present in the US for 30 months within the last 5 years period. Others say that one has to be physically present in the US for 30 months but not necessarily within the last five years. Which is true?

For instance, if one has a green card since 1997, but she has been living outside the US since 2005, (while making trips to the US once a year to keep her green card) can she apply for citizenship at this moment, or must she return to the US and be physically present there for at least 30 months before applying?

Thanks for any replies.

Brown
Click to expand...
If applying under 5 year rule, you must have at least 30 months of physical presence in the US in the last 5 years before applying.
If you're out of US since 2005 and making a yearly trip to US to preserve GC, you've likely not only broken continuous,but also don't have enough physical presence in the US. You also risk loosing your GC if you don't have a reentry (assuming you are spending the majority of the time outside US).
 
if you stayed more than 6 months out of US and if you can prove the ties with US ( tax return, mortgage statement), then you can count those days --
 
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