physical presence

H

harsha_c

Registered Users (C)
Hi all

I have already done 1 year of my physical presence in US after getting Green card. However I was away from the country for an year and just got back. I might have lost my continuous presence clock and was wondering if I need to do 2 1/2 years more for physical presence or just 1 1/2 year more for the citizenship.

Thanks
Harsha
 
If you didn't have an approved N-470 (or otherwise qualify for preserving residence because you were in the US military or something like that), you now have to do 4 years + 1 day of residence, with 2.5 years of physical presence.
 
Jackolantern is correct.

Physical presence and Continuous residence are two separate requirements for naturalization.

Assuming you are applying based on 5 year residency, you need to accrue a minimum of 30 months physical presence during your 5 years continuous residence. If you interrupt the continuous residence (i.e. one or more trips over 6 months without an N-470), you can probably invoke the 4yr+1day rule, meaning that you become eligible to file N-400 4 years + 1 day from the day of your return to the US.
 
clarification

Does this mean I need to accumulate 2 1/2 years of physical presence now in the next 4 years 1 month? I guess all my past physical presence wont count any more right?

thanks
Harsha
 
harsha_c said:
Does this mean I need to accumulate 2 1/2 years of physical presence now in the next 4 years 1 month? I guess all my past physical presence wont count any more right?

thanks
Harsha
Click to expand...

Physical Presence is accumulated based on a rolling window. For a standard 5yr application, you need to have 900 days (30 months) physical presence during the immediate 5yr window at the time of submitting the N-400, and also again at the time of interview and oath. If you application takes a long time to process, you need to make sure you have accrued sufficient time to ensure you don't inadvertently stray outside the 900 day window.
 
harsha_c said:
Does this mean I need to accumulate 2 1/2 years of physical presence now in the next 4 years 1 month? I guess all my past physical presence wont count any more right?
Click to expand...
Exactly. The 2.5 years physical presence must be done in the 5-year block immediately prior to applying for citizenship. At 4 years and 1 day after returning permanently to the US, if you then look back 5 years you will find that the first year of that 5-year block was spent outside the US. So the 2.5 years of presence must be accumulated within the 4 years after you returned.
 
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