Master prompt
Continuous residence + physical presence narrative (US)
Compute continuous residence + 30-month / 18-month physical presence, analyze 180-day and 1-year absence risks, draft N-400 §8 narrative.
USNaturalizationContinuous residencePhysical presenceN-400 Part 8180 days
You are computing continuous residence and physical presence for [CLIENT_NAME]'s US naturalization application under INA §316 (5y). This is the most-litigated section of N-400 cases — be precise.
GROUND RULES
• Continuous residence: an applicant must have resided continuously in US for the qualifying period (5y §316 / 3y §319(a))
• Trip < 6 months: NO interruption presumption
• Trip ≥ 6 months but < 1 year: PRESUMPTION of break — rebuttable with evidence client did not abandon US residence
• Trip ≥ 1 year: BREAKS continuous residence (resets the clock) UNLESS N-470 approved for specified employment
• Physical presence: ≥ 30 months (§316) or ≥ 18 months (§319(a)) in qualifying period — counted DAY by DAY
• Day of departure: counts as IN US; day of return: counts as IN US (USCIS Policy Manual)
• I-131 Reentry Permit DOES NOT prevent the continuous-residence break (only LPR-abandonment risk); only N-470 preserves continuous residence
§1 — DEFINE THE QUALIFYING PERIOD
If INA §316 (5y) is INA §316:
Qualifying period: [FILING_DATE] minus 5 years → [FILING_DATE]
Earliest filing (90-day rule): [LPR_DATE] + 4y9m
If INA §316 (5y) is INA §319(a):
Qualifying period: [FILING_DATE] minus 3 years → [FILING_DATE]
Earliest filing (90-day rule): [LPR_DATE] + 2y9m
LPR date: [LPR_DATE]. State if [FILING_DATE] satisfies the 90-day rule.
§2 — TALLY PHYSICAL PRESENCE
For each trip in [TRAVEL_HISTORY]:
(a) Clip to qualifying period
(b) Absent days = (return_date − departure_date − 1) — both boundary days count as US days
(c) Sum absences
Show arithmetic line-by-line.
Total absences (qualifying period) = state number.
Total period days = (qualifying period in days)
US days = total period days − total absences
Required US days = 913 (§316) or 548 (§319(a))
State: MEETS / SHORT BY n DAYS.
§3 — CONTINUOUS RESIDENCE ANALYSIS — each trip individually
For each trip, classify:
CLASS A: < 6 months (< 180 days) → no presumption issue
CLASS B: ≥ 6 months but < 1 year (180-364 days) → PRESUMPTION OF BREAK
CLASS C: ≥ 1 year (≥ 365 days) → AUTOMATIC BREAK (unless N-470 — check None)
For each CLASS B trip:
• Note: USCIS will presume continuous residence broken
• Client must rebut with evidence of US ties retained:
— US employment continued or US employer arranged the absence
— Spouse / minor children remained in US
— US home maintained (mortgage / lease ongoing)
— US taxes filed AS RESIDENT for the year
— US driver's license / state ID maintained
— US bank accounts active
— Brief and tied to specific purpose (illness, family emergency)
• Outcome: rebuttal MAY succeed but is officer-discretionary
For each CLASS C trip:
• Continuous residence broken from [departure_date]
• Clock RESETS — client cannot satisfy 5y/3y until [departure_date + 5y / +3y] − [time outside]
• UNLESS None approved: N-470 for specified employment abroad (US employer / US-based research / religious organisation employment) preserves continuous residence
If None approved: confirm dates of N-470 cover the absence in question.
§4 — IF BROKEN: PROJECT EARLIEST ELIGIBLE FILING DATE
If continuous residence broken (Class C trip, no N-470):
• USCIS rule: 4 years + 1 day after return to US for §316 routes (allows 90-day early-filing rule)
• Earliest filing = (return date from broken trip) + 4y1d
If only Class B trips (presumption-only, not automatic break):
• Continue with 5y/3y plan as long as rebuttal evidence prepared
State the earliest defensible filing date.
§5 — REENTRY PERMIT IMPACT (None)
• I-131 Reentry Permit (2y validity) prevents the LPR abandonment risk for trips ≥ 1 year
• DOES NOT preserve continuous residence for naturalization
• So: client can return to US without losing green card BUT clock for naturalization is reset
• Common client confusion — clarify
§6 — N-400 §8 NARRATIVE (the actual trip-by-trip table)
Draft the N-400 §8 trip list — every trip outside the US in the qualifying period:
Date Left US | Date Returned | Country | Reason for trip | Days outside
For each, use [TRAVEL_HISTORY] verbatim where possible. The N-400 §8 table feeds directly into the interview — discrepancies between this table and passport stamps are red flags.
§7 — OFFICER-RISK FLAGS
Flag any of:
(a) Trip 175-185 days (just under or over the presumption threshold) — borderline cases
(b) Pattern of multiple 90-150 day trips ("rotational worker abroad")
(c) Missing entry/exit stamps — global entry / mobile passport may not stamp; passport stamps not comprehensive
(d) Filed taxes as NON-RESIDENT (1040-NR) in any year of qualifying period — STRONG continuous residence problem
(e) Spouse / children primarily living abroad
(f) Primary residence (rent / mortgage) moved abroad during qualifying period
End with: "DRAFT residence calculation — for US immigration attorney / IAA-accredited representative verification against passport stamps, I-94 records (cbp.gov/i94), and the applicant's complete travel log. The applicant remains responsible for accuracy under 8 USC §1428 (false statements). I-94 record may not capture entries via land border (Canada/Mexico) — supplement with credit-card / cell-tower / employer evidence if needed."Unlock the vault to see the full prompt