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  • Question about physical presence

    Hi remembers ..
    I have one question rule says before u apply n400 application must fulfill 30 months physical presence in last 5 years and Continuous Residence (913 days in last 5 years.) no trip more than 180 days .
    what about the days applicant take out of US after the application sent ..
    I think Applicant must full fill the Continuous Residence requirement until Oath but physical presence days freeze on the day applicant send and received by usics .
    any one here with more info please share ..

  • #2
    If your days outside of the US in the last 5 years are already at 913, EVERY DAY COUNTS. If there is a mistake with counting your days, or if the IO sees that you immediately left after filing your application, they will run the numbers carefully. They are very smart.
    I would not leave the US if my numbers were that close, unless it was an emergency.

    Your application, so you do what you want.
    One of my students was told: "You have exceeded the days outside of the U.S. than the days you spent inside of the U.S. YOU have to decide where you want to live. Do you want to live in Guatamala or live in the U.S.? It looks like you want to live in Guatamala."
    Unfortunately, she failed.

    I kept warning her about this possibility, but she said that her educated daughter had an explanation from the Guatamala government. It turned out to be some letter from her government saying that it was O.K. for her to live in Guatamala more days than in the U.S.
    The U.S. told her that it was not, and she should have asked them (U.S. I.O.), not the government officials in Guatamala. She is not applying for citizenship in Guatamala.

    They can also be strict if they see two or three trips closely taken together. They sometimes add up all those days and if they exceed the 6 month rule, citizenship could be denied.

    Get all of your records that you maintained your residence in the U.S. during those 5 years. House payments/rents, car payments, utility bills, bank statements, school registration for your children, bank statements, etc.

    I also have heard rumors...and they are only rumors at this point, that the 5 years of travel evaluation may be changed to 10 years with the new application coming March 20, 2019. We will know soon enough if this will be the new timeline.

    Good luck.
    I am not a lawyer and this is not legal advice.
    Last edited by suziq38; 03-15-2019, 12:19 AM.

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