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30 months of physical presence in US for naturalization?

Chicago, IL |

Hello,

I am planning to apply for naturalization. Please let me know what does physical presence mean? Does it mean having an address in the us or being present physically? I traveled a few times for one month each outside US will that be a problem? Secondly how do I show physical presence to the USCIS? Please advise. Thanks

Attorney Answers 4


  1. "Physical" Presence means exactly that: being physically present on US soil during the time in question and not merely "having an address.." Your travels will not disturb or "break" the "continuity" of you physical presence, as long as resided (were physically present) in the US for at least half the required statuary period.
    How do you show physical presence in the US? Simple. You will be deemed to have been "physically" present in the US all this time since you were first admitted into permanent residence, with the sole exception of those travel dates and absences you'll list on your N-400 application. It is an "honor" system. They will believe you, unless have any reason(s) to doubt your veracity, in which case you will be asked to submit documentary proof of your physical presence for a certain time period. Hopefully that will not happen.

    Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  2. Physical presence means being in the U.S. in person.

    This advice does not form an attorney-client relationship and is merely informative. It should not by itself be relied upon to address a legal concern.


  3. If you have been outside the US only one month per year, you have met the physical presence requirement for naturalization purposes. It would also follow that you would have an address in the U.S.

    The herein content is for general informational purposes only, and may be predicated on incomplete facts. It should not be relied upon in making legal decisions or assessing your legal rights or risks. Neither does the herein reply create an attorney-client relationship.


  4. Your several short absences from the United States even repeatedly do not break the requirements of continuing physical presence, in the trips did not last over 180 days each time. Your physical presence may be corroborated by all correspondence, car payments, bills, tax returns or affidavits and such to show the permanent nature of the residence.
    But to truly analyze your particular eligibility accurately, commit to one experienced immigration counsel.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professionally competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide a competent professional opinion, however, the law and its applications change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions expressed are general in nature, and may not apply to specific, factual or legal circumstances related to one's present legal issues. Contact an experienced lawyer admitted to practice in that State under an attorney-client privilege to further receive comprehensive legal assistance before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois

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