Waiver of Physical Presence Granted

A “waiver of physical presence” means the government has excused the usual requirement to spend a set amount of time in the United States before an immigration benefit can be granted. Most commonly, this arises in naturalization for certain applicants whose lives or work legitimately take them abroad.

Who typically qualifies

• Spouses of U.S. citizens working abroad (INA §319(b)): If your U.S. citizen spouse is employed overseas by the U.S. government, a qualifying American company, a recognized research institution, certain religious organizations, or international organizations, you may naturalize without meeting the standard residence and physical presence requirements—so long as you intend to depart with the spouse and reside abroad.
• Certain employment abroad by U.S. entities (INA §316(b)): Some permanent residents employed continuously abroad by qualifying U.S. companies or organizations can preserve residence for naturalization, effectively avoiding breaks that would otherwise reset the clock.
• U.S. military service (INA §§328/329): Qualifying service can waive residence/physical presence and even allow expedited naturalization.

What the waiver does—and doesn’t—do

• It removes or preserves the physical presence/residence requirement for the specific benefit (often naturalization).
• It does not cure other ineligibilities (e.g., criminal issues, tax problems, failure to register for Selective Service where applicable, or lack of good moral character).
• You must still satisfy all other statutory elements (lawful permanent residence where required, English/civics unless exempt, selective documentation).

Practical next steps

1. Document the qualifying basis (spouse’s overseas employment letter, orders, corporate verification, or military records).
2. File the correct naturalization form with supporting evidence, including intent to depart/return where required.
3. Maintain ties that demonstrate eligibility (U.S. tax compliance, domicile, marriage evidence, continuous employment).
4. Attend biometrics and interview—often scheduled before departure.

Cautions
International travel patterns, extended trips, or job changes can affect eligibility. Before moving or filing, map the legal basis for the waiver to avoid unintentional breaks in residence.

How we help
We identify the correct statutory route, assemble employer/spousal proof, preserve residence where needed, and guide you through interview and oath—streamlining approval even when your life is largely abroad.