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Q: USA Citizenship/Naturalization-Continuous Residency & Physical Presence ( Answered,   0 Comments )
Question  
Subject: USA Citizenship/Naturalization-Continuous Residency & Physical Presence
Category: Relationships and Society > Law
Asked by: paidsearchengine-ga
List Price: $15.00
Posted: 11 May 2006 21:55 PDT
Expires: 10 Jun 2006 21:55 PDT
Question ID: 727975
I became a permanent resident (PR) of the USA on March 18, 2002.
Within a week of my becoming a PR, I made a 24 day visit outside the
USA. Since then and until today, I have made 7 more trips outside the
USA. These trips lasted 61, 56, 56, 165, 169, 170 and 174 days respectively.
Have I jeopardized any of the naturalization requirements? When can I apply
for naturalization and what do I need to do to avoid jeopardizing my
application for naturalization?
Answer  
Subject: Re: USA Citizenship/Naturalization-Continuous Residency & Physical Presence
Answered By: hummer-ga on 12 May 2006 06:03 PDT
 
Hi paidsearchengine,

Not to worry, all is well. 

1. Have I jeopardized any of the naturalization requirements? 

No, none of your absences exceeded 6 months (Continuous Residence
Test) and if you don't make anymore trips, you will have been in the
U.S. for at least 30 months (Physical Presence Test).

2. When can I apply for naturalization?

PR by marriage: you became eligible in 2005 so you could apply today.
All others: March 18, 2007 (you may apply up to 90 days before this date)

See the "Eligibility Worksheet" below.

3. What do I need to do to avoid jeopardizing my application for naturalization?

Don't make anymore trips abroad. You must be present in the U.S. for
at least 30 months within the five years (60 months). Your total
number of days absent adds up to 875 days or 29.17 months.  Also,
don't move within 3 months of applying for naturalization. Sit tight.


SUMMARY
General Naturalization Requirements: Residence and Physical Presence:
An applicant is eligible to file if, immediately preceding the filing
of the application, he or she:
 * has been lawfully admitted for permanent residence (see preceding section);
 * has resided continuously as a lawful permanent resident in the
U.S. for at least 5 years prior to filing with no single absence from
the United States of more than one year;
 * has been physically present in the United States for at least 30
months out of the previous five years (absences of more than six
months but less than one year shall disrupt the applicant's continuity
of residence unless the applicant can establish that he or she did not
abandon his or her residence during such period)
 * has resided within a state or district for at least three months
http://uscis.gov/graphics/services/natz/general.htm


A GUIDE TO NATURALIZATION
http://uscis.gov/graphics/services/natz/English.pdf

PAGE 18: TABLE OF REQUIREMENTS: 
*5 years as a Permanent Resident without leaving the United States for
trips of 6 months or longer
OR
*If You Have Been Married to a U.S. Citizen for at Least 3 Years:
3 years as a Permanent Resident without leaving the United States for
trips of 6 months or longer

PAGE 19: CONTINUOUS RESIDENCE:
"'Continuous residence' means that you have not left the United States
for a long period of time. If you leave the UnitedStates for too long,
you may interrupt your 'continuous residence.'"
*What if I was outside the United States for between 6 and 12 months? 
"If you leave the United States for more than 6 months, but less than
1 year, you have broken or disrupted your ?continuous residence?
unless you can prove otherwise. Read the ?Document Checklist? in the
back pocket of the Guide to find out what information you must give to
us to prove you did not break your 'continuous residence.'"
"If you are applying based on 5 years as a Permanent Resident or 3
years as a Permanent Resident married to a U.S. citizen, you may file
for naturalization up to 90 days before you meet the ?continuous
residence? requirement."

*What is the difference between ?physical presence? and ?continuous residence?? 
?Physical presence? involves the total number of days you were outside
the United States on all of your trips. ?Continuous residence?
involves the number of days you were outside the United States during
a single trip. Even if you never took a trip that was long enough to
disrupt your ?continuous residence,? you may have taken so many short
trips that you do not meet the ?physical presence? requirement."

* ?Continuous Residence? EXAMPLE
? An applicant became a Permanent Resident on January 1, 1990.
? She lived in the United States for 3 years, then returned to her
native country for 1 year and 3 months.
? She got a Re-entry Permit before leaving the United States so that
she could keep her Permanent Resident status.
? The applicant re-entered the United States with Permanent Resident
status on April 1, 1994.
Question: When is the applicant eligible for naturalization?
Answer: On April 2, 1998, 4 years and 1 day after she returned to the
United States The last 364 days the applicant was out of the United
States count toward her time as a Permanent Resident in ?continuous
residence,? but the 3 years in the United States before leaving do
not.


ELIGIBILITY WORKSHEET

What is the purpose of this worksheet?
"The Eligibility Worksheet will help you decide if you are eligible to
apply for naturalization."
http://uscis.gov/graphics/services/natz/wsinstruct.htm

I'm happy to be able to give you this good news. If you have any
questions, please post a clarification request and wait for me to
respond before closing/rating my answer.

Thank you,
hummer

No search required, immigration is one of my specialities.
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