New York, NY asked in Immigration Law for New York

Q: Physical presence count for filing N400

Hello!

I have my green card since 03/25/2015. I have 30 months (913 days) of physical presence over the past 5 and a half years but not over the immediate 5 years from today’s date backwards. Does this disqualify me for filing?

Immihelp’s eligibility calculator counts all the days from day1 of GC but it’s not what I was told to count like, it’s not cumulative. Is it?

Thank you

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2 Lawyer Answers
Adan Vega
Adan Vega
Answered
  • Immigration Law Lawyer
  • Houston, TX

A: The Physical Presence rule for applying for naturalization requires that applicants show that they were:

Physically present in the U.S. for thirty months within the five year period before applying ( Note: the rule is different if you have been married to a U.S. citizen for the past 3 years ).

In addition, applicants are required to show 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 (See 8 CFR §316.2(a)(5) & §319.1(a)(5)).

Stephen Arnold Black agrees with this answer

Kyndra Mulder
Kyndra Mulder
Answered
  • Immigration Law Lawyer
  • Jacksonville, FL

A: The rule applies to the 5 years previous to your filing. Any absence during those 5 years is a break in your physical presence requirement.

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