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Will I meet the "Continuous Residence" and "Physical Presence" requirements of the N-400?

Santa Ana, CA |

I got my green card in June, 2009. I took 5 short travels from 2009 to 2012 (total 165 days, no trip lasted more than 3 months). My future travel will be as followings: Mar 15, 2013 - Sept 01, 2013 (165 days) and Oct 02, 2013 - Feb 01, 2014 (120 days). I plan to file N-400 on March 20, 2014 (90 days before 5 years). As you can see, since obtaining the green card, I physically stayed in the USA for more than 30 months and did not take any trip that is 180 days long. However, I am only presence in the USA for 105 days in 2013. Will U.S.C.I.S. use this as a denial ground? Can I file N-400 on March, 2014 (40 days after my return to the USA from a 4 months travel)? Or do I have to file 90 days after my return?

Attorney Answers 5

Posted

More information is needed. There are certain obligations that a lawful permanent resident must fulfill in order to qualify for citizenship by naturalization. If these responsibilities were fulfilled, then I do not expect complications.

Yet, An applicant who is deportable, 'for whatever reason,' must be denied citizenship and naturalization.

Assuming, that these are not issues and that you pay your taxes (if required) among other things, then we needed to carefully look at whether you are out of the country for more than 180 days at a time, as suggested.

In addition the examiner must be convinced that you otherwise qualify. The facts presented, so far, suggest that you have not abandoned your permanent resident status.

Finally, it is unclear how long it will take the USCIS to schedule your examination, to approve the application, and to schedule you for ceremony. If this takes too long, there may be some confusion.

If there are other concerns, such as petitioning for someone outside the country, then I strongly recommend an appointment with a competent and experienced immigration attorney before you depart the United States. Good luck.

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

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Kevin Lawrence Dixler

Kevin Lawrence Dixler

Posted

FWIW, one concern is that a USCIS Examiner may 'delay' your processing, where it sees extensive stays abroad in the year before filing. Nevertheless, as stated, if there is no delay,then you should be okay.

Asker

Posted

Thank you so much for your dedication. I have more question about the 90 days residence requirement prior to filing. I already established CA residency a year ago and I am keeping it. I might change address but I will stay in the same county (Orange County). After my second trip which is 4 months long I will come back to the USA and file N-400. Do I have to come back and wait 90 days to file or I can file right away?

Kevin Lawrence Dixler

Kevin Lawrence Dixler

Posted

That depends. You should keep the previous address in the County that you had prior to your return. Otherwise, this 'may' complicate matters. Regrettably, this can be costly, so you will need to maintain a U. S. Address in Orange County while you are away. I hope that this helps.

Posted

Yes, you appear to meet both requirements.

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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Asker

Posted

I have more question about the 90 days residence requirement prior to filing. I already established CA residency a year ago and I am keeping it. I might change address but I will stay in the same county (Orange County). After my second trip which is 4 months long I will come back to the USA and file N-400. Do I have to come back and wait 90 days to file or I can file right away?

Posted

You appear eligible based on the dates your provided.

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Asker

Posted

I have more question about the 90 days residence requirement prior to filing. I already established CA residency a year ago and I am keeping it. I might change address but I will stay in the same county (Orange County). After my second trip which is 4 months long I will come back to the USA and file N-400. Do I have to come back and wait 90 days to file or I can file right away?

Posted

Your continuous residency and physical presence requirements should be met, according to the dates you provided. Also you need to have "resided" in the the district where you file for immigration for 90 days prior to filing. As long as you have met all the other requirements for natz, you should be fine

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Asker

Posted

I have more question about the 90 days residence requirement prior to filing. I already established CA residency a year ago and I am keeping it. I might change address but I will stay in the same county (Orange County). After my second trip which is 4 months long I will come back to the USA and file N-400. Do I have to come back and wait 90 days to file or I can file right away?

Ann Elizabeth Block

Ann Elizabeth Block

Posted

You can file right away as long as it has been your "residence" for at least 90 days, even if you were not physically present. 8 CFR 316.1, 316.2 and 316.5

Posted

Based on the information in this post, you appear to meet the physical presence and continuity of residence requirements.

If you wish, you can retain an attorney to help you prepare for the naturalization interview and accompany you to the interview.

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.

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