n400fun Posted September 23, 2021 Report Share Posted September 23, 2021 I have a green card since fall 2017. I plan to apply next summer for Naturalization, since in my case I to wait 4 years and 9 months after getting the green card before I can apply for Naturalization. I'll submit the N-400 Application for Naturalization Form. My question pertains to the requirement of the physical presence in the U.S. I read that one must be physically present in the U.S. for at least one half of the 5 years, which amounts to at least 5*365/2=913 days in the US. Is it ok to have just slightly over 913 days inside the US when applying for N400 to satisfy the physical presence test in the U.S.? (for example, 930, 1000 or 1100 days spent inside the US within the past 5 years) I don't know whether having exactly 913 days outside the US or any number of days higher than that automatically satisfies the physical presence in the U.S. or whether the USCIS has some subjectivity here (the same way the USCIS has some subjectivity for the continuous residence requirement requirement). Assume that I satisfy the continuous residence requirement (which is different from the physical presence requirement): I didn't make any trip longer than 179 days outside the US, only two of my trips were longer than 100 days, I made sure to have at least 1 month between each trip, and I'm going to different countries (almost never to my hometown, and 1 years and 6 months is the cumulative time I spent in the country I mostly frequently flew to). Quote Link to comment
JoeF Posted September 24, 2021 Report Share Posted September 24, 2021 Don't cut it close. Waiting a few more weeks doesn't hurt, and makes your case stronger. Quote Link to comment
n400fun Posted September 25, 2021 Author Report Share Posted September 25, 2021 19 hours ago, JoeF said: Don't cut it close. Waiting a few more weeks doesn't hurt, and makes your case stronger. Thanks, does it mean that spending 1100 or 1200 days inside the US within the past 5 years very safely satisfy the physical presence test in the U.S for the N400? Quote Link to comment
JoeF Posted September 27, 2021 Report Share Posted September 27, 2021 Nothing is safe in life. They can still question your residence in the US if there were lots of trips. The main thing is that all trips abroad have to be temporary in nature. If you are in doubt, consult with a good immigration lawyer. Quote Link to comment
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