Physical Presence

Physical Presence in immigration concept refers to the time a naturalization applicant physically be present in the United States start from the day he or she obtained the lawful permanent resident status to the date of filing for naturalization.

To qualify for naturalization in the physical presence aspect, you are required to physically present in the U.S. for 18 months within the 3 years statutory period when you obtained your green card through marriage. Otherwise, you are required to physically present in the U.S. for 30 months within the 5 years statutory period.

Evidence for Physical Presence

Documentation for physical presence must be submitted as supporting evidence for naturalization application.  There are several ways to prove physical presence which include:

  • Passport stamps and Form I-94 with entry and exit records
  • Academic transcripts
  • Employment records and social security
  • Medical records
  • Rental receipts
  • Paycheck and W2s

Physical Presence and Continuous Residence

Physical presence and continuous residence are both required to be eligible to naturalize. It sounds similar, but it’s two separate requirements and must each to be satisfied.

Continuous residence means the applicant’s residence must be in the United States for the required time. Unlike physical presence count the actual days you are physically in the U.S.. As long as you absences in the U.S. are less than 6 months, your continuous residence is not interrupted.

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