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18 months physical presence rule eligibility

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  • 18 months physical presence rule eligibility

    HEY Folks,

    So I need some clarity as nothing I can find online gives me a clear picture. Does the 18-month physical month rule eligibility calculated within a calendar year?
    How is this calculated is it the number of days in a year or is it actually whole months?
    Is it done on a rolling year basis?

    I am confused about this so if i started domicile in the USA on 1 August 2023 will I be eligible to apply after 1st August 26 for my naturalization as long as I have been not out for more than 6 months at a time and meet the 180-day rule.

    any advise on this been a green card holder for many years but finally plan to take up naturalization.

    Any advise is apprecaited.

  • #2
    The physical presence requirement is based on the number of days physically present in the US. If applying under the 5-year rule, it is 913 days during the last 5 years. If applying under the 3-year rule, it is 548 in the last 3 years.

    What do you mean you "started domicile in the USA on 1 August 2023"? Do you mean you think you interrupted continuous residence with an absence of more than 6 months? In the worse case, you can still start counting continuous residence from 6 months before the end of your absence. You may be able to count more if you have certain strong evidence of ties.
    Last edited by newacct; 02-12-2024, 12:39 PM.

    This is my personal opinion and is not to be construed as legal advice.

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