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  • Applying N400

    I am about to file N400 but I have been out side of us in past 5 years 908 days and 10 trips and all trips under 6 months
    3 big trips details 170 days 177 days 169 days
    Question . is this any problem 908 days spend out side .

  • #2
    Quesiton for USCIS office

    I think this is a question for an USCIS officer, because I can send the rules of continuing residence for naturalization but the final decision is on USCIS. not anyone on this forum.

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    • #3
      Originally posted by sameeraaa View Post
      I am about to file N400 but I have been out side of us in past 5 years 908 days and 10 trips and all trips under 6 months
      Continuous Residence and Physical Residence requirements are interrelated but are different and separate

      I assume you are indeed a bona fide permanent resident (you maintain a dwelling in the United States, file tax returns as a US resident, and generally hold yourself out as living in the United States), and you consider your trips abroad to be temporary in nature (rather than consider your time spent in the United States as temporary before returning "home" abroad). Failure to be a bona fide permanent resident breaks Continuous Residence regardless of the period of absence

      Beyond that, Continuous Residence is not broken by absences of less than 6 months.
      An officer may also review whether an applicant with multiple absences of less than 6 months will be able to satisfy the continuous residence and physical presence requirements. In some cases, an applicant may not be able to establish that his or her principal actual dwelling place is in the United States or establish residence within the United States for the statutorily required period of time
      Source: https://www.uscis.gov/policymanual/H...-Chapter3.html

      As for Physical Presence, you have been present in for at least 917 days in the last 5 years, which exceeds the requirement that you be present for at least 913 days in the last 5 years. If you are applying for expedited naturalization on the basis of marriage to a US citizen for 3 years, you will have to run the numbers for that 3 year timeframe. You may be deemed to be physically present for more than 917 days:
      USCIS will count the day that an applicant departs from the United States and the day he or she returns as days of physical presence within the United States for naturalization purposes
      Source: https://www.uscis.gov/policymanual/H...-Chapter4.html

      If you are planning to apply for naturalization, you should read all the parts of USCIS's Policy Manual Volume 12 that pertain to you: Parts B, C, D, E, F, J, but in particular parts D & F. Continuous Residence and Physical Residence is addressed in Chapters 3 & 4 of Part D

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