Early filling and Physical Residency

[ecs1792]

All,

I hope someone knows the answer to this.

I am less than 90 days away from my aniversary date which is 9/20/15 (5 years). I am worried about the physical residency rule since I was outside the U.S. for 177 days from December 2013 - June 2014.

I have after then been in the country continously since June 2014, althought I have taken small trips abroad ranging from 3-7 days (3 trips).

In regards to the continously present rule, do I have to be continously present in the country in order to apply for citizenship after my returning date or am I okay to apply for early filling?

Should I wait before applying? I've seeked legal advice and received opposite responses and that's why I am confused. I hope someone can explain..

Thank you in advance.

 

[Harry Callahan]

You have to maintain continuous residence, but there is no requirement for continuous physical presence. You require only 2 and a half years of (not necessarily contiguous) physical presence within a 5-year span. An absence of less than 180 days does not normally affect continuous residence.

However, there is a separate requirement that you must continuously reside in the same state or USCIS district for 3 months prior to applying.