Do not confuse residency with presence in the U.S.
Residency refers to a factual place of domicile in the U.S., with the beneficiary
demonstrating the intent to live here. It is usually demonstrated by evidence that
indicates that the individual is an active participant in the U.S. economy and has
a strong economic and social attachment to the U.S.
Presence, on the other hand, simply means that a person is physically in the U.S.,
and it requires no intent to remain here beyond the one day visit, 30 consecutive
days or 1 full calendar month necessary for the continuance/resumption of benefits
under the alien nonpayment provision, See (RS 02610.041D.) - Lawful Presence and Entering the U.S.
The 5-year U.S. residency requirement cannot be satisfied by accumulating a number of periods of “presence” in the U.S. (e.g.,
for shopping or visiting relatives). Evidence of residency must support an enduring
and close attachment to the U.S. for at least 5 years.