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  1. #1
    Join Date
    May 2009
    Posts
    4

    Default Physical Presence

    "An applicant is eligible to file if, immediately preceding the filing of the application, he or she:
    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 "

    - this is a quote from uscis web site.

    My questions are :
    1)how do you calculate the" Physical Presence ",just by summing up the total number of days you have been in US or you need to take a 5 calendar years by itself and see if you have been in the US 6 months in each calendar year ?

    2) "resided within a state or district for at least three months"
    Does it mean being physically in the US or having mailing address/apartment/house/residence in that particular district, you plan to apply in, would be enough ?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Physical Presence

    For the thirty months, they mean a total of thirty months - add up all the days (including partial days) you were in the U.S. For the six month period of absences, they mean absences lasting more than six months.

    They mean that there's evidence of actual physical residence at the claimed address. I'm not going to guess as to whether an unknown person doing unknown things qualified as a resident of an unknown state.

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