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Continuous Residence vs. Physical Presence
There may be some confusion out there about these aspects of the naturalization requirements.
These are TWO DIFFERENT requirements.
Continuous Residence is one requirement. This requirement is qualitative in nature. Before you can apply for naturalization, you have to get Americanized. You need to show that you have joined into the American society you are trying to officially become a part of.
Phyisical Presence is a DIFFERENT requirement. This requirement is quantitative in nature. For this one, you begin the calculation backwards from the date of filing the N-400.
CAUTION:
Please read 8 CFR 316.5(c)(1)(i) and (ii) at uscis.gov or anywhere else you like.
(i) and (ii) talk about disruption of continuity of residence and (ii) supplies the remedy when it happens "......may file an application for naturalization four years and one day following the date of the applicant's return to the United States to resume permanent residence...." (it's 2 yrs and 1 day if based on a qualifying marriage) provided that , any trip after that return date does not cause the disruption to continue or begin a new disruption.
For example if you had returned on Aug 1, 2007, then left again and again for a series of five month trips and only made short "pit stops" in the U.S. until you finally had to stop travelling just to barely meet the "physical presence" requirements , then, USCIS would argue that you had not returned "to resume permanent residence" until that last five month trip ended.
Good Luck on your quest for U.S. Citizenship! The more, the merrier!
Got any questions, comment, or snide remarks? Bring them on.
Bye
These are TWO DIFFERENT requirements.
Continuous Residence is one requirement. This requirement is qualitative in nature. Before you can apply for naturalization, you have to get Americanized. You need to show that you have joined into the American society you are trying to officially become a part of.
Phyisical Presence is a DIFFERENT requirement. This requirement is quantitative in nature. For this one, you begin the calculation backwards from the date of filing the N-400.
CAUTION:
Please read 8 CFR 316.5(c)(1)(i) and (ii) at uscis.gov or anywhere else you like.
(i) and (ii) talk about disruption of continuity of residence and (ii) supplies the remedy when it happens "......may file an application for naturalization four years and one day following the date of the applicant's return to the United States to resume permanent residence...." (it's 2 yrs and 1 day if based on a qualifying marriage) provided that , any trip after that return date does not cause the disruption to continue or begin a new disruption.
For example if you had returned on Aug 1, 2007, then left again and again for a series of five month trips and only made short "pit stops" in the U.S. until you finally had to stop travelling just to barely meet the "physical presence" requirements , then, USCIS would argue that you had not returned "to resume permanent residence" until that last five month trip ended.
Good Luck on your quest for U.S. Citizenship! The more, the merrier!
Got any questions, comment, or snide remarks? Bring them on.
Bye
