What are the requirements for physical presence and continuous residence for citizenship through naturalization?
What are the requirements for physical presence and continuous residence for citizenship through naturalization?
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The process of requesting citizenship in the United States involves many details that are advised to go through with your immigration lawyer and some of those have to do with physical presence and continuous residence.
“The requirements of ‘continuous residence’ and ‘physical presence’ are interrelated but are different requirements. Each requirement must be satisfied (unless otherwise specified) in order for the applicant to be eligible for naturalization,” as you can read on the USCIS website (United States Citizenship and Immigration Services).
A physical presence requirement means that an applicant for naturalization has to have been physically present in the country for at least half the time for which his or her continuous residence is required, which is at least five years prior to filing the naturalization application and up to the time of naturalization.
In addition, applicants for naturalization are required to demonstrate physical presence in the United States for at least 30 months before filing their application.
Other requirements for continuous residence
Naturalization applicants must establish as well as part of the requirements that he or she has resided in the state or service district that has jurisdiction over the application for three months prior to filing.
The continuous residence concept also involves that the applicant maintains a permanent dwelling place in the United States for the aforementioned period of time. However, certain military members and spouses of US citizens could be exempted from the continuous residence requirement.
Requirements for physical presence
As we explained above, the physical presence refers to the number of days that the applicant is physically present in the territory of the United States during the period prior to the filing for naturalization. If the applicant leaves the country, USCIS will consider those days for the physical presence requirement.
It is important for you to know that the applicant must demonstrate he or she was physically present in the United States through documentation. Relevant records and a testimony can be used for evidence in determining whether the applicant met the required period of physical presence.
What absences can hurt your continuous residence?
Extended absences from the United States can affect your continuous residence, such as being away from the territory for more than six months but less than a year; and absences that exceed one year.
In addition, applicants for citizenship have to have been physically present in the US for 30 months within the five year period before applying, for 18 months within the three year period in the case of qualified spouses of US citizens, and also show that they have resided for at least three months immediately preceding the filing of Form N-400 in the USCIS district or state where the applicant claims to have residency.
There are certain exceptions to the continuous residence requirement for applicants that are working abroad, such as the United States government, including the military; contractors of the United States government; a recognized American institution of research; a public international organization; an organization designated under the International Immunities Act.
However, if you are seeking to preserve your continuous residence for naturalization purposes while employed abroad, you need to file Form N-470 and also seek guidance from an immigration attorney.
We understand that immigration processes can be complicated but you do not have to feel overwhelmed by it. Kannan Law offers you assistance and guidance throughout the entire journey to your citizenship. Contact us today for an appointment, we have a great team of professional immigration lawyers in California that will be happy to assist you.