Can working for the US Government outside of the United States disrupt the physical presence requirement for Citizenship eligibility purposes?

Question from TIM, Can working for the US Government outside of the United States disrupt the physical presence requirement for Citizenship eligibility purposes?

Answer from AI:

The physical presence requirement is a key part of the eligibility criteria for naturalization (the process of becoming a U.S. citizen) under U.S. law. However, certain exceptions apply for individuals working abroad for the U.S. Government, including the military.

Understanding the Physical Presence Requirement

Under the Immigration and Nationality Act (INA), a permanent resident applying for U.S. citizenship must have been physically present in the United States for at least half of the five years (or three years for those married to a U.S. citizen) immediately preceding the application. This is known as the “physical presence” requirement.

Exceptions for U.S. Government Employees

However, the INA also provides exceptions to the physical presence requirement for certain U.S. Government employees, including members of the U.S. Armed Forces, who are stationed outside of the United States. According to the INA, time spent abroad on official U.S. Government orders does not break the continuity of residence and can be counted towards the physical presence requirement.

Steps to Take

If you are a U.S. Government employee working abroad and considering applying for U.S. citizenship, you should:

• Keep detailed records of your time spent abroad on official orders.
• Consult with a legal professional to understand how these rules apply to your specific situation.
• Consider applying for naturalization as soon as you meet the eligibility requirements, to avoid potential disruptions to your physical presence in the U.S.

Seeking Legal Advice

The laws and regulations surrounding U.S. citizenship are complex and can be difficult to navigate without professional help. It’s always a good idea to consult with a legal professional who specializes in immigration law for personalized advice.

Please note that this information is a general explanation and does not constitute legal advice. For more detailed information, you can refer to the U.S. Citizenship and Immigration Services Policy Manual or consult with a legal professional.