Continuous Residence and Physical Presence Requirements Flashcards
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Read the first 7 Continuous Residence and Physical Presence Requirements flashcards as text
What is the physical presence requirement for a qualifying spouse of a U.S. citizen applying under the 3-year rule?
Answer: 18 months
Under the 3-year rule for spouses of U.S. citizens, the applicant must have been physically present in the U.S. for at least 18 months out of the 3 years before filing.
When does an applicant's continuous residence period begin for naturalization purposes?
Answer: The date they were admitted as a lawful permanent resident
Continuous residence begins on the date the applicant was admitted to the United States as a lawful permanent resident (the date on the green card).
How early may an applicant file Form N-400 before completing the full statutory residence period?
Answer: 90 days
USCIS allows applicants to file their N-400 up to 90 days before they complete the required continuous residence period.
Which of the following types of absences is most likely to be treated as NOT disrupting continuous residence?
Answer: A 5-month vacation outside the U.S.
An absence of less than 6 months is generally considered not to disrupt continuous residence and does not raise a presumption of broken residence.
What type of employment abroad may qualify a permanent resident to preserve continuous residence under N-470?
Answer: Working for the U.S. government or certain U.S. firms
Eligible employers for N-470 include the U.S. government, American research institutions, U.S. firms engaged in the development of U.S. foreign trade and commerce, and certain public international organizations.
If a lawful permanent resident's continuous residence is broken, what must they typically do to become eligible for naturalization again?
Answer: Resume continuous residence and restart the required period from the re-entry date
When continuous residence is broken, the applicant must re-establish continuous residence and complete a new statutory period of continuous residence starting from the date they re-entered the U.S. as a permanent resident.
Which of the following best describes 'physical presence' in the context of N-400 eligibility?
Answer: Actually being bodily present within U.S. territory
Physical presence means the applicant must actually be in the United States; owning property, maintaining an address, or having a U.S. employer does not satisfy the physical presence requirement.