5 year physical presence test question

[tacoolar]

Got my GC in Nov 2016. So my 5 year deadline is this coming Nov. Planning to submit N400 right away in Aug on the 180 day pre-date.
But I am move outside of US for a extended period for work. If my case can be processed fast, I don't think there is any issue with 5-year presense test. However, if they process very slow, and schedule my interview say in a year, when I will have been out of US for more than 6 month. Would there be any issue at the interview then?
Thank you!

[Elena_Kulakova]

You just need to provide proof that at that period of absence you payed taxes and payed mortgage or rent. If no - your 5 years will start counting from the day you've returned.
Try to fill eligibility calculator and see notes: https://www.immihelp.com/us-citizens...ty-calculator/

[tacoolar]

Elena, thanks for your reply. I will be able to provide tax record and mortgage record.
I tried the eligibility calculator. I entered a hypothetical absense between Sep 2021 to Mar 2023, then it asks me a question whether I applied for re-entry permit, noting "If you return within 2 years with a re-entry permit, the last 365 days of your time out of the US counts towards meeting the continuous residence requirement". Does that mean I should apply for Re-entry permit for my oversea stay? Thanks

You just need to provide proof that at that period of absence you payed taxes and payed mortgage or rent. If no - your 5 years will start counting from the day you've returned.
Try to fill eligibility calculator and see notes: https://www.immihelp.com/us-citizens...ty-calculator/

[newacct]

There are two requirements for naturalization under the 5-year rule: 1) you need to have had "continuous residence" for the last 5 years and all the way until you naturalize, and 2) you need to have had "physical presence" in the US for half (2.5 years) of the last 5 years. I am assuming that you probably have way more than half of the last 5 years, so the physical presence requirement is not a problem. For continuous residence, an absence of between 6 months and 1 year is presumed to interrupt continuous residence, but you can overcome it with strong evidence; an absence of more than 1 year definitely interrupts continuous residence. If continuous residence is interrupted, you must start over from scratch, and you must wait either 4 years and 1 day or 4 years and 6 months (depending on the length of absence and your evidence of ties) after you return from the absence before you can apply for naturalization. Whether you had a Re-entry Permit or not is not relevant -- the Re-entry Permit might make it easier for you to re-enter the US after a long absence, but given that you were allowed in (with or without a Re-entry Permit), for naturalization purposes, it's the actual absences (if any) that matter, not the Re-entry Permit.

[kenanna]

You just need to provide proof that at that period of absence you payed taxes and payed mortgage or rent. If no - your 5 years will start counting from the day you've returned.
Try to fill eligibility calculator and see notes: https://www.immihelp.com/us-citizens...ty-calculator/ rice purity

Your extended absence from the US during N400 processing may raise issues with meeting the 5-year physical presence requirement for naturalization. Be prepared to explain the circumstances if the interview is scheduled after you've been out of the US over 6 months. Consult an immigration attorney if you have further concerns.

[uditdev]

You just need to provide proof that at that period of absence you payed taxes and payed mortgage or rent. If no - your 5 years will start counting from the day you've returned.
Try to fill eligibility calculator and see notes: https://www.immihelp.com/us-citizens...ty-calculator/ transcript

Hey, quick question if someone stays outside the U.S. for over 6 months while their N-400 is still being processed, could that mess up the 5-year physical presence rule? Just wondering how that might affect the interview. Should I be talking to an immigration lawyer about this?

[newacct]

Hey, quick question if someone stays outside the U.S. for over 6 months while their N-400 is still being processed, could that mess up the 5-year physical presence rule? Just wondering how that might affect the interview. Should I be talking to an immigration lawyer about this?

It will likely mess up the continuous residence requirement.