Physical Presence Test
Mere possession of a Permanent Resident Card (PRC) for the period of time required for physical presence does not in itself establish the applicant’s physical presence for naturalization purposes. The applicant must demonstrate actual physical presence in the United States through documentation. USCIS will review all of the relevant records to assist with the determination of whether the applicant . Good examples of proof of physical presence include the following but are not limited to: School records, university transcripts, tax returns, W-2s, tax withholding statements, social security statements, pay stubs, official letters of employment, or other documents.
An applicant for ohysical is generally required to have been physically present in the United States for at least half the time for which his or her continuous residence is required. Applicants for naturalization under INA a are required to demonstrate physical presence in the United States for at least 30 months hhow least days before filing the application. Physical presence refers to the number of days the applicant must physically be present in the United States during the statutory period up to the date of filing for naturalization.
The continuous residence  and physical presence requirements are interrelated but each must be satisfied for naturalization. USCIS will count the day that an applicant departs from the United States and the day he or she returns as days of physical presence within kn United States for naturalization purposes.
The applicant must demonstrate actual physical presence in the United States through documentation. What is a grundle definition will review all of the relevant records to assist with the determination of whether the applicant has met the required period of physical presence.
The applicant's testimony will also be considered in determining whether the applicant met the required period of physical presence. See 8 CFR INA - Prerequisite to hs, burden of proof. Effective October 29, presejce, USCIS amended its policy guidance to address these concerns, and determined that children of members of the U. See INA b. See INA a. Policy Manual. Physical Presence Requirement An applicant for naturalization is generally required to have been physically present in the United States for at least half the time for which his or her what time is the vulcan flying at bournemouth air show residence is required.
Resources Legal Authorities. N, Application for Naturalization. Citizens who are Members of the U. Armed Forces, U. Government Employees, or their Spouses. The amendment to INA applies to children who were under the age of physica on March 26,
The IRS will consider you to have lived in Japan for days during the month period of November 2, , through November 1, , and then you would pass the physical presence test. Now let’s say all the above apply, but you were permanently transferred back to the U.S. on October 1, Physical presence may be proven by presenting a combination of records such as school transcripts, social security statements, old and current passports, etc., to show that the physical presence requirement has been met. Generally, to meet the physical presence test, you must be physically present in a foreign country or countries for at least full days during a month period including some part of the year at issue. You can count days you spent abroad for any reason, so long as your tax home is .
When a U. Depending on your situation, you will have to show evidence proving you were actually in the United States for enough time to qualify to transmit U. Situation A: My child was born in wedlock, out of two U. Situation B: My child was born in wedlock, out of a U. Situation C: My child was born in wedlock, out of a U. Situation D: My child was born out of wedlock, out of two U. If the claim is through the mother there are two requirements possible:.
Situation E: My child was born out of wedlock, out of a U. Situation F: My child was born out of wedlock, out of a U. Physical presence means the actual time you were in the United States. It is an exact accounting. If you were a student in the United States, for an academic year and went abroad for the summer for instance, you have only 9 months of physical presence, not There is no waiver. The exceptions to being on U. Remember: the burden of proof is on you. Physical presence proof is only required of the U.
A non-U. There are several ways to prove physical presence in the U. Documents showing physical presence over time are the best. Other types of documents are also acceptable if they have the cumulative effect of showing presence over time. A diploma does not necessarily show presence over time. A Social Security statement can be helpful, but because income can be earned outside the U.
Medical records showing treatment or care over a period of time are often helpful. Pre-natal records, early child immunization records, lengthy treatments, etc.
Government service: Records of U. If you were an un married U. Travel records: U. We only review these in the absence of any other evidence, as it is time consuming for our staff. Footer Disclaimer This is the official website of the U.
External links to other Internet sites should not be construed as an endorsement of the views or privacy policies contained therein. Home Home U. Residence in the U. Proof of Physical Presence Forms.