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  1. #1
    Join Date
    Apr 2012
    Posts
    6

    Default Physical Presence Requirement

    hi.i got my GC in nov 2005. I was never outside US for more than 6months. I have completed 27months of physical presence .my total no. of days outside US currently is 960. can i apply for naturalization 3months before as by the time of interview/oath i would have completed 30months?? the law 8CFR 334.2b does not mention what type of residence it is talking about??any help is appreciated

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Physical Presence Requirement

    Are you married to a US Citizen? If not, your residence requirement isn't 3 years (36 months) but 5 years (60 months)?
    You need 33 months of physical presence not 30 anyhow (You can apply 90 days early before your residency is up).
    Your very close to the edge here with that much time outside the country. Without knowing the actual dates in and out of the country, it's hard to tell exactly when your residency requirement is up.

  3. #3
    Join Date
    Apr 2012
    Posts
    6

    Default Re: Physical Presence Requirement

    Thanks for replying.
    I believe I have satisfied the continuous residence requirement as I have never left US for more than 6months since becoming a permanent resident, and have never changed my address=satisfy the 3month district presence requirement. I have completed 27 months of physical presence.I got my permanent residency through my parents who are now both US nationals. I undertook 10 trips to India where I was a student but always used to come and visit my parent every 4 months or so. my trips were for 66,13,97,134,119,112,146,94,99,80 days. I want to apply as soon as I become applicable. thankyou

  4. #4
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Physical Presence Requirement

    You are not eligible. Unless you are the spouse of a US citizen, the residency requirements is five years, no matter what the status of your parents are.
    You also seem to be incapable of counting. 27 months + 90 days is still only 30 months not 36, but you need 57 months. However depending on just wen in 2005 you were issued, you may indeed have 60 months.

  5. #5
    Join Date
    Apr 2012
    Posts
    6

    Default Re: Physical Presence Requirement

    I was issued a green card in november 2005..so i have 76 months of continuous presence and 76 months of district presence. But I was unable to stay here physically for 913days...currently I am in US for 865 days in the last 5 years. Can I use the 90days/3months rule to apply for naturalization?? It is taking around 3months for interview call in the district where I live..so by the time I have my interview scheduled, I would be In the US for atleast 30 months.

  6. #6
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Physical Presence Requirement

    OK, now I see where you're coming from. Yes, you appear to qualify, you meet both the five year continuous residence and the 30 month physical presence. Sorry about the confusion.

  7. #7
    Join Date
    Apr 2012
    Posts
    6

    Default Re: Physical Presence Requirement

    I read the laws governing naturalization...
    8CFR 334.2b states " An application for naturalization may be filed up to 90 days prior to the completion of the required period of residence, which may include the three-month period of residence required to establish jurisdiction under section 316(a) or 319(a) of the Act".
    In this clause, it does not mention which period of residence it is talking about although it says even district presence is included in this residence term.

    INA 334 (a) states " An applicant for naturalization shall make and file with the Attorney General a sworn application in writing, signed by the applicant in the applicant's own handwriting, if physically able to write, which application shall be on a form prescribed by the Attorney General and shall include averments of all facts which in the opinion of the Attorney General may be material to the applicant's naturalization, and required to be proved under this title. In the case of an applicant subject to a requirement of continuous residence under section 316(a) or 319(a) , the application for naturalization may be filed up to 3 months before the date the applicant would first otherwise meet such continuous residence requirement.
    In this clause it mentions that the grace period of 90days/3months is only for continuous residence requirement..
    Can I use this 90day/3month grace period for physical presence requirement??thanks for your reply

  8. #8
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Physical Presence Requirement

    You can apply 90 days early for your naturalization as long as (and it appears that you it will be) you will have met the requirements by the time the 90 days completed. Essentially, they let you get the paperwork rolling so that you can be granted citizenship as soon as your are eligible.

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