Physical Presence Requirement - can I count from the day of residency?


eligiblecitizen

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I am contacting on behalf of my mother. She is a permanent resident since Sep 2006. She is planning to apply for US citizenship. However, she stayed 1,225 days outside spanning in 10 trips in last five years. None of the trips lasted more than 180 days. She did stay more than two and half years since she became a resident, but unfortunately that is not in last five years.

Can she still apply for US Citizenship, since she is not meeting the requirement - " Be physically present in the United States for at least 30 months out of the 5 years immediately preceding the date of filing the application".

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I am contacting on behalf of my mother. She is a permanent resident since Sep 2006. She is planning to apply for US citizenship. However, she stayed 1,225 days outside spanning in 10 trips in last five years. None of the trips lasted more than 180 days. She did stay more than two and half years since she became a resident, but unfortunately that is not in last five years.

Can she still apply for US Citizenship, since she is not meeting the requirement - " Be physically present in the United States for at least 30 months out of the 5 years immediately preceding the date of filing the application".

I do not think she can. Talk to an attorney.

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It appears that you mother is not a legitimate permanent resident since she does not appear to be making her permanent home in the US.

 

If she wants to become a citizen - she needs to move here and stay except for SHORT vacations elsewhere.

 

I suspect an objective evaluation of her travels would result in her being deemed to have abandoned her GC.

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