Physical Presense Question

Kshitij

Registered Users (C)
Guru's.

Can you please help me interpret the 'Physical Presence' requirement?

Be physically present in the United States for at least 30 months out of the 5 years immediately preceding the date of filing the application

Which is about 900 days. If you have traveled outside US for 30 days during this time, Does that mean you have to add 30 days to the 900 days and file after 31 months instead 30 months? :confused:

Just want to make sure.

Thanks much!

-kshitij
 
Which is about 900 days.

It's 913 days to be exact.

If you have traveled outside US for 30 days during this time, Does that mean you have to add 30 days to the 900 days and file after 31 months instead 30 months? :confused:
No. You look backwards for 5 years starting from when you plan to file the application, and calculate how many days you were inside the US during those 5 years. It often isn't as simple as waiting an extra month if you are one month short.
 
It's 913 days to be exact.


No. You look backwards for 5 years starting from when you plan to file the application, and calculate how many days you were inside the US during those 5 years. It often isn't as simple as waiting an extra month if you are one month short.


Thank you Jackolantern!
 
Guru's.

Can you please help me interpret the 'Physical Presence' requirement?

Be physically present in the United States for at least 30 months out of the 5 years immediately preceding the date of filing the application

Which is about 900 days. If you have traveled outside US for 30 days during this time, Does that mean you have to add 30 days to the 900 days and file after 31 months instead 30 months? :confused:

Just want to make sure.

Thanks much!

-kshitij


The way I read your question, I think you may be even more confused than it first seemed. You cannot file anything after a mere 30 months. The physical presence is a subset of the total time as an LPR. The usual "statutory period" is 5 years as an LPR, and factoring the standard 3 months early filing allowance and the earliest you can file is 4 years, 9 months (and at least one day to be safe) as an LPR before you can file an N-400. Both of these measurements are filing prerequisites and cease to be calculated of effected as of the time of filing.

The issue of "continuous residence" is a whole separate issue completely.

LPR = Lawful Permanent Resident (Greencard Holder)
 
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