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Continuous residence and physical presence requirements of N-400

Santa Ana, CA |

I had lived in the USA for 4 years since I received my Green Card. I will file N-400 next year under the 5 years rule. I met the 30 months physical presence requirement. I have lived in CA for over a year now. Between now to the day I file N-400, I will make take two long trips outside of the USA. First one will last 5 months and 15 days then I come back to the USA and stay for 31 days. Then I will take another trip for 105 days. I will come back and file for N-400 after the second trip. Will my travel plan cause any problem with N-400? I will only stay in the USA for less than 4 months in 2013. I have filed tax every year and will continue doing it. And I will not move to another state. I might change my address but I will stay in the same county (Orange County)

Attorney Answers 5


  1. I believe that this question has been answered several times within the last 24 hours. The address change has no effect on the filing, since it is in the same county.

    This is general information, not legal advice, and does not create an attorney client relationship.


  2. Again, based on my answer to your previous similar question, you do meet the physical presence requirements and the fact that you'll move to another state will have no bearing or adverse effect on your N-400 application.

    Behar Intl. Counsel 619.234.5962 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.


  3. As long as you show you maintained U.S. residency, you are eligible for naturalization.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.


  4. Based on the facts, presented, you will have met the physical presence requirement for citizenship-- that is, you have spent at least 2 1/2 years in the United States.

    However, if in the past 4 years, you have spent more than 6 continuous months out of the US, that may be a problem. (It is unclear from your post as to how long you were out of the country, if at all, during the past 4 years.)

    If you have any questions, you should consult an attorney and discuss this in further detail.

    Sincerely,
    Christy Han Mohan, A Law Corporation
    Immigration Attorney
    19800 MacArthur Blvd., Suite 1000, Irvine, CA 92612
    Phone: 949.222.5900 | Fax: 888.488.6431
    Email: christy@chmlegal.com
    Website: http://www.chmlegal.com

    This is not legal advice, no guarantees/warranties have been made, and no attorney/client relationship has been formed.


  5. Even if you have a total of 2.5 years of physical presence, taking two long trips right before filing may be an issue. I would have to talk to you more to properly advise you. Moving within the same county is not an issue.

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