Philip Treigherman

I have two questions to experts:

Say I have fulfilled all residence requirements for naturalization:
1) have had a green card for 4 years and 9 months;
2) during this time have been physically present for a total of 3 years;
3) didn't have any absences more than 6 months;
4) have been residing in California for at least 3 months (I am renting
an apartment there and have all apartment bills).

At the same time I'm currently staying abroad with my family.

My questions are:
1. Do I have to be physically present in the US while applying for
naturalization, or can I submit the application by mail while I'm abroad?
2. Should I continue to fulfill all the above residence requirements
AFTER submitting the N-400 application and until I actuall become naturalized,
or it doesn't matter after the application is accepted for processing?

Thank you very much for your help.
PT

Olivier Wagner

You have to keep a US residence until you become american.
If you don't, not only would you be unable to gain US citizenship but
also you may loose your green card.

A trip abroad (up to 180 days/year) is ok. "Living abroad" isn't.

[email protected] (Philip Treigherman) wrote in message news:<[email protected] om>...
    > I have two questions to experts:
    >
    > Say I have fulfilled all residence requirements for naturalization:
    > 1) have had a green card for 4 years and 9 months;
    > 2) during this time have been physically present for a total of 3 years;
    > 3) didn't have any absences more than 6 months;
    > 4) have been residing in California for at least 3 months (I am renting
    > an apartment there and have all apartment bills).
    >
    > At the same time I'm currently staying abroad with my family.
    >
    > My questions are:
    > 1. Do I have to be physically present in the US while applying for
    > naturalization, or can I submit the application by mail while I'm abroad?
    > 2. Should I continue to fulfill all the above residence requirements
    > AFTER submitting the N-400 application and until I actuall become naturalized,
    > or it doesn't matter after the application is accepted for processing?
    >
    > Thank you very much for your help.
    > PT

Joachim Feise

Olivier Wagner wrote on 10/12/2004 11:46:

    > You have to keep a US residence until you become american.
    > If you don't, not only would you be unable to gain US citizenship but
    > also you may loose your green card.
    >
    > A trip abroad (up to 180 days/year) is ok. "Living abroad" isn't.

A trip up to 6 months in duration is ok. The calendar year is irrelevant.
All trips abroad have to be temporary in nature.
The PR also has to file US tax returns as resident and declare the worldwide
income.

-Joe

R H

from uscis site regarding physical presence:

* 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

the last point i believe it meant living in the district not just
*renting*.
i would consider *continously* very carefully.



[email protected] (Philip Treigherman) wrote in message news:<[email protected] om>...
    > I have two questions to experts:
    >
    > Say I have fulfilled all residence requirements for naturalization:
    > 1) have had a green card for 4 years and 9 months;
    > 2) during this time have been physically present for a total of 3 years;
    > 3) didn't have any absences more than 6 months;
    > 4) have been residing in California for at least 3 months (I am renting
    > an apartment there and have all apartment bills).
    >
    > At the same time I'm currently staying abroad with my family.
    >
    > My questions are:
    > 1. Do I have to be physically present in the US while applying for
    > naturalization, or can I submit the application by mail while I'm abroad?
    > 2. Should I continue to fulfill all the above residence requirements
    > AFTER submitting the N-400 application and until I actuall become naturalized,
    > or it doesn't matter after the application is accepted for processing?
    >
    > Thank you very much for your help.
    > PT

Dan

You also have the requirement of continuous presence for at least one year
after becoming a PR. this is sometimes the hardest condition to fulfill
because even a short trip abroad may disqualify.

"r h" <[email protected]> wrote in message
news:[email protected] om...
    > from uscis site regarding physical presence:
    > * 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
    > the last point i believe it meant living in the district not just
    > *renting*.
    > i would consider *continously* very carefully.
    > [email protected] (Philip Treigherman) wrote in message
news:<[email protected] om>...
    > > I have two questions to experts:
    > >
    > > Say I have fulfilled all residence requirements for naturalization:
    > > 1) have had a green card for 4 years and 9 months;
    > > 2) during this time have been physically present for a total of 3 years;
    > > 3) didn't have any absences more than 6 months;
    > > 4) have been residing in California for at least 3 months (I am renting
    > > an apartment there and have all apartment bills).
    > >
    > > At the same time I'm currently staying abroad with my family.
    > >
    > > My questions are:
    > > 1. Do I have to be physically present in the US while applying for
    > > naturalization, or can I submit the application by mail while I'm
abroad?
    > > 2. Should I continue to fulfill all the above residence requirements
    > > AFTER submitting the N-400 application and until I actuall become
naturalized,
    > > or it doesn't matter after the application is accepted for processing?
    > >
    > > Thank you very much for your help.
    > > PT

Joachim Feise

Dan wrote on 10/18/2004 20:14:

    > You also have the requirement of continuous presence for at least one year
    > after becoming a PR.

Huh? Where did you find that?
The only one-year presence requirement that I know of is for the N-470.
The rules mentioned by r h are the only ones that matter for citizenship
eligibility.

-Joe

Dan

Heard it from one of the best immigration lawyers in the country. Not a
lawyer myself.

"Joachim Feise" <[email protected]> wrote in message
news:[email protected]...
    > Dan wrote on 10/18/2004 20:14:
    > > You also have the requirement of continuous presence for at least one
year
    > > after becoming a PR.
    > Huh? Where did you find that?
    > The only one-year presence requirement that I know of is for the N-470.
    > The rules mentioned by r h are the only ones that matter for citizenship
    > eligibility.
    > -Joe

Dan

I thought the original question was about preserving residence for natz
purposes. If this is not the case I apologize.

"Dan" <[email protected]> wrote in message
news:[email protected]...
    > Heard it from one of the best immigration lawyers in the country. Not a
    > lawyer myself.
    > "Joachim Feise" <[email protected]> wrote in message
    > news:[email protected]...
    > > Dan wrote on 10/18/2004 20:14:
    > >
    > > > You also have the requirement of continuous presence for at least one
    > year
    > > > after becoming a PR.
    > >
    > > Huh? Where did you find that?
    > > The only one-year presence requirement that I know of is for the N-470.
    > > The rules mentioned by r h are the only ones that matter for citizenship
    > > eligibility.
    > >
    > > -Joe

SashaB

What about the TOTAL amount of time one can be abroad up to the date of naturalization oath (which nowadays can be a few years after the N-400 filing)? Half of the time from green card issue, or always not more than half of the previous 5 years, or something else?? (Assuming of course that no single trip is longer than six months.) Cheers!

sphyrapicus

From the INA: "has resided continuously within the United States from the date of the application up to the time of admission to citizenship". See pertinent section of law below.

Sec. 316. [8 U.S.C. 1427]

(a) No person, except as otherwise provided in this title, shall be naturalized, unless such applicant, (1) immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least five years and during the five years immediately preceding the date of filing his application has been physically present therein for periods totaling at least half of that time, and who has resided within the State or within the district of the Service in the United States in which the applicant filed the application for at least three months, (2) has resided continuously within the United States from the date of the application up to the time of admission to citizenship

SashaB

Thank you very much!

Still not entirely clear though what constitutes "residing continuously"... Does it mean not exiting the country at all, or not exiting the country for more than 6 months at a time, or not being out of the country for more than half of the time from the moment of application to naturalization and not more than 6 months at a time?... Hmm... Thought? Past experience?

Thanks!!!

sphyrapicus

Based on the wording of the pertinent section I provided, "residing continuously" and "physically present" are different terms. Residing continously means you reside in the United States whereas being physically present means you are physically in the U.S.

However, I should add that at the interview they do update your record by asking you if you've had any altercations with the law and also if you have left the country since you filed.

SashaB

True. Judging by that same section you have kindly provided the meaning of "residing continuously" would seem to be living in the US and not taking any trips abroad longer than 6 months in duration (i.e., not interrupting the period of continuous residence). Would you agree? What I am wondering about, however, if there is also a cap on the total amount of time spent abroad after the application, following the same logic as limiting the amount of time abroad prior to the application to half of the time... So maybe not spending abroad more than half of the time from application to naturalization, or not more that half of the total time from obtaining permanent residency to naturalization. Or no total time away cap applicable after the application, as long as can claim and demonstrate "residence" in the US? Any thoughts on that? Thanks again! Very helpful discussion.

MightBe

All the info is here. http://uscis.gov/graphics/citizenship/imm_guide.htm

SashaB

Just had a careful read through. Have not seen any information on what does and does not constitute "continuous residence" after the date of naturalization application... Did you have a specific section in mind? Thanks!