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Reporting Continuous Residence and Physical Presence On Form N-400

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  • 02-13-2015, 12:07 PM
    LikeABus
    Reporting Continuous Residence and Physical Presence On Form N-400
    Hi, I am a Green Card holder, and will be eligible to apply for citizenship (based on marriage) in May 2015. I am permanent resident since June 2011.

    On the form N-400, I am asked how many days I have spent outside the US for the last five years (i.e. since May 2010). I only went overseas for four weeks in Dec. 2012-Jan. 2013 and then again for a week in August 2013. In total, about 36 days.

    Then, I have left the States on October 6 2014, and have since been traveling in Europe. So far 119 days have past.

    How much longer can I stay overseas if I want to submit N-400 in May. It says that after six months (180 days) outside the States, one looses – or it “disrupts” – continuous residence. Does this mean all absences cannot be cumulatively be more than 180 (meaning I would have 154 days so far and would have to return in 26 days) or can one single absence not exceed 180 days.

    Second question, it is stated (§ Sec. 316.2, Section 5) that “Immediately preceding the filing of an application, or immediately preceding the examination on the application if the application was filed early pursuant to Section 334(a) of the Act and the three month period falls within the required period of residence under Section 316(a) or 319(a) of the Act, has resided, as defined under § 316.5, for at least three months in a State or Service district having jurisdiction over the applicant's actual place of residence.”

    Does this mean that I have to have resided continuously 90 days in FL prior to my filing in May, or, that I have to have resided for a total of 90 days (including time prior to me leaving in October) in FL when I submit N-400 in May. Since I will return on March 1st, I will have spent only 60 days in FL between my return and the date of the filing of N-400.

    Many thanks for your answers.
  • 02-15-2015, 08:22 AM
    Mr. Knowitall
    Re: Continuous Residence and Physical Presence Prior to N-400
    They are looking at your absence from the country over the course of a given year, and within that context they use an aggregate number. If you choose to remain outside of the U.S. for more than 179 days, total, you can expect to be presumed to have abandoned your permanent residency with the onus on you to prove that you did not do so. The presumption is normally much more of an issue with continuous absence than with an aggregate number in the @180 day range, but the rule applies in either context.

    As I know absolutely nothing about your state of domicile, if any, I am not in a position to comment on whether you can establish that you have a domicile in Florida. If you intend to establish your domicile in Florida on March 1, that's when your period of domicile in Florida would begin. If you have established legal domicile in Florida, and are presently taking a vacation, then you should not have a problem establishing your >90 days of legal residence.
  • 02-17-2015, 09:22 AM
    LikeABus
    Re: Continuous Residence and Physical Presence Prior to N-400
    Quote:

    Quoting Mr. Knowitall
    View Post
    They are looking at your absence from the country over the course of a given year, and within that context they use an aggregate number. If you choose to remain outside of the U.S. for more than 179 days, total, you can expect to be presumed to have abandoned your permanent residency with the onus on you to prove that you did not do so. The presumption is normally much more of an issue with continuous absence than with an aggregate number in the @180 day range, but the rule applies in either context.

    As I know absolutely nothing about your state of domicile, if any, I am not in a position to comment on whether you can establish that you have a domicile in Florida. If you intend to establish your domicile in Florida on March 1, that's when your period of domicile in Florida would begin. If you have established legal domicile in Florida, and are presently taking a vacation, then you should not have a problem establishing your >90 days of legal residence.

    My home is in FL since Sept. last year.

    About the 180 days. In 2014, I had ca. 90 days then (Oct. 6 till the end) and this year I have 60ish (till beginning of March). Does that mean that the 90 days from last year do not count, and I can stay another 110 days outside the States this year?
  • 02-17-2015, 10:49 AM
    T53147
    Re: Reporting Continuous Residence and Physical Presence On Form N-400
    It is not length of time outside the US that can demonstrate the abandonment of a GC. You are far too interested in how much time you can be elsewhere rather than in making your permanent home in the US. It would be in your best interest to review your history with an immigration attorney.
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