Physical Presence for US Citizenship

December 14, 2011 § Leave a comment

To be naturalized, before the date of filing your application, you should have resided continuously, after being lawfully admitted for permanent residence, within the US for at least five years. During the five years immediately prior to filing your citizenship form, you should have been physically present therein for periods totaling at least half of that time. In addition, you should also have resided within the State or within the district of the Service in the US in which you filed the application for at least three months.

You should have resided continuously in the US from the date of filing the application up to the time of admission to citizenship. During all the periods you should have been and still are a person of good moral character, attached to the principles of the US Constitution.
Absence from the US for more than six months but less than one year immediately before filing for American citizenship will break the continuity of such residence, unless you can establish to the satisfaction of the Attorney General that you did not abandon your residence in the US during that period.
Absence from the US for a continuous period of one year or more shall break the continuity of such residence except that in the case you were physically present and residing in the US after being lawfully admitted for permanent residence for a continuous period of at least one year and thereafter, you

  • are employed by or under contract with the Government of the US or an American institution of research,
  • are employed by an American firm or corporation engaged in whole or in part in the development of foreign trade and commerce of the US, or a subsidiary thereof more than 50 percent of whose stock is owned by an American firm or corporation,
  • are employed by a public international organization of which the US is a member by treaty and by which you were not employed until after being lawfully admitted for permanent residence, no period of absence from the US shall break the continuity of residence if-

(1) before the beginning of such period of employment, but prior to the expiration of one year of continuous absence from the US, you established to the satisfaction of the Attorney General that your absence for such period is to be on behalf of the Government, or for the purpose of carrying on scientific research on behalf of an institution, or to be engaged in the development of such foreign trade and commerce or whose residence abroad is necessary to the protection of the property rights in such countries of firm or corporation, or to be employed by a public international organization of which the US is a member by treaty and by which you were not employed until after being lawfully admitted for permanent residence, and
(2) you prove to the satisfaction of the Attorney General that your absence from the US for that period has been for such purpose.

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