U.S Citizenship 30 month presence requirement

[ndimov]

Hello everyone,

I have had a green card since 2000 and am just now applying for citizenship. Due to many reasons I haven't spend too much time in the U.S and hence not applied for citizenship until now. I have a few questions which I am struggling after hours of research to find the answers to.

What is understood to be "In the last five years"? Is this the period five years from the day I submit my application or is this the period from the beginning of the year, five years ago, in this case Jan 1 2005? Since I am a resident since nine years, will they consider all nine years or just the last five?

As far as the 30 month physical presence requirement, does that mean that I have to had been in the U.S for at least 900 days in the U.S? Would 25 days of presence count as a month? I have been present for 35 months, but some of them are not full months and when I calculate this period by days I have been present for 818 days as of today. If I apply now will I be denied citizenship? I talked to many INS agents and they never seem to clarify this issue. Months or days?

I have one other problem. In 2006 I was out of the United States for 7 months. According to their rules I cannot make trips longer than six months in order to be eligible.

My question is: With 818 days of presence and one 7 month trip am I sure to be uneligible and denied a citizenship if I apply now? If I wait nearly 3 more months and have more than 900 days physical presence will the 7 month trip still be a problem?

Any information is appreciated.Please help!

 

[acr]

You need to count 5 years from each of 3 dates: filing, interview, oath. Within those 5 year spans you need to be present for more than half time e.i. 2.5 years. Cont days 913, not months. Because you are on the edge, you need a strong evedence of the rips duration claimed or you will be rejected.


The 7 month trip is not a problem. The rule is a year, not 6 months.

 

[Bobsmyth]

You need to count 5 years from each of 3 dates: filing, interview, oath. Within those 5 year spans you need to be present for more than half time e.i. 2.5 years. Cont days 913, not months. Because you are on the edge, you need a strong evedence of the rips duration claimed or you will be rejected.


The 7 month trip is not a problem. The rule is a year, not 6 months.

30 months (913 days) of physical presence is required up until time of filing, not until oath.
However, 5 years of continuous residence is required at oath time.

 

[Bobsmyth]

Since I am a resident since nine years, will they consider all nine years or just the last five?

They will consider the 5 year period before filing.

As far as the 30 month physical presence requirement, does that mean that I have to had been in the U.S for at least 900 days in the U.S?

At least half of the last 5 years before filing must spent in the US. This means you must have spent at least 913 days in the US before you can file.

I have one other problem. In 2006 I was out of the United States for 7 months. According to their rules I cannot make trips longer than six months i

A 7 month presumes a break in your continuous residency that can be overcome with sufficient evidence of US residential ties. However, you'll first need the meet the physical presence requirement before you can file.

 

[Jackolantern]

What is understood to be "In the last five years"? Is this the period five years from the day I submit my application

It is 5 years counting back from the day you file the application (the filing date is when they receive the application).

As far as the 30 month physical presence requirement, does that mean that I have to had been in the U.S for at least 900 days in the U.S? Would 25 days of presence count as a month? I have been present for 35 months, but some of them are not full months and when I calculate this period by days I have been present for 818 days as of today.

They count the days, not months. You need 913 days physically in the US (including US territories like Puerto Rico and US Virgin Islands) in the last 5 years before applying. Unless you have an allowable exception such as being abroad in the US military.

 

[Julie_9]

Hi jack, I'm in the same situation than him, however, I spent 898 days outside the country (no longer than 6 monts) and I can prove my continue residence, do you think that I need a lawyer with me in the interview?, 2 lawyers told me no and 1 said yes, so I don't know what I should do..., what do you think?

 

[gunt]

you do not need a lawyer IF the trips you took were not obviously back to back trips scheduled so that you would not breach the 6 month limit. it might help if you posted all your trips, the entry.exit dates, the days abroad, and the location.

 

[Jackolantern]

898 is cutting it very close to the 913 day threshold. How did you calculate the days out? Did you count the exit and entry dates as both inside the US? Would you list all the trips in the past 5 years so we can evaluate?

 

[Julie_9]

I had 6 trips to my country only, 3 of them were 174 days out, I didn't count the days that I exit and entry, since my plane alwasy leave at 10:00 pm and returns at 5:00 am, so I was here all day long, besides, even if you had to count, it will be 12 days more, so I still 3 days short, right...also these trips were because my dad were sick (I also provided his doctor report in the application)

 

[cafeconleche]

They might give you trouble, but you have a decent chance of being approved, at least after further review, if you explain the trips properly.

 

[Julie_9]

Thank you guys...
Cafeconleche, legally, how long can they take to make a decision?, do you know?, before you had to sue them, LOL.., once you provide all the evidences, please?

 

[immi2586]

898 is cutting it very close to the 913 day threshold. How did you calculate the days out? Did you count the exit and entry dates as both inside the US? Would you list all the trips in the past 5 years so we can evaluate?

Hi. One does NOT count the exit and entry days as days OUT of the US, the entry and exit days are days IN the US, correct?
So, what are the implications of "cutting it very close"?

 

[immi2586]

It is 5 years counting back from the day you file the application (the filing date is when they receive the application).




They count the days, not months. You need 913 days physically in the US (including US territories like Puerto Rico and US Virgin Islands) in the last 5 years before applying. Unless you have an allowable exception such as being abroad in the US military.

So, technically, one could file the application, then leave the country, come back for FP, leave the country, come back for interview? How would this be viewed?

If someone only has a recent passport, not going back the full 5 years, how does one count days? How does the IO veryify? Do the IOs have additional information about the applicant's travels to cross check reported dates, etc?

 

[Bobsmyth]

So, what are the implications of "cutting it very close"?

Implications are possibly getting denied.

 

[Bobsmyth]

So, technically, one could file the application, then leave the country, come back for FP, leave the country, come back for interview? How would this be viewed?

It depends on the purpose of trip and how close to meeting physical presence the applicant is. For example, if the applicant applies with 914 days of physical presence, and then leaves on a trip only to return for FP and interview it may raise suspicion as to the merits of the case.

If someone only has a recent passport, not going back the full 5 years, how does one count days? How does the IO veryify? Do the IOs have additional information about the applicant's travels to cross check reported dates, etc?

USCIS has access to entry/exit dates via CBP database.

 

[Jackolantern]

So, technically, one could file the application, then leave the country, come back for FP, leave the country, come back for interview? How would this be viewed?

Physical presence stops counting (positively or negatively) once you file the N-400, so leaving the country during the naturalization process won't cause a problem for the physical presence requirement.

However, extensive travel during the process could cause trouble for continuous residence, which is a requirement that continues all the way until the oath. They'll look at the length and frequency of your travels and combine that other facts to determine if you broke continuous residence.