You will be considered a United States resident for tax purposes if you meet the substantial presence test for the calendar year. To meet this test, you must be physically present in the United States (U.S.) on at least:

You were physically present in the U.S. on 120 days in each of the years 2021, 2022 and 2023. To determine if you meet the substantial presence test for 2023, count the full 120 days of presence in 2023, 40 days in 2022 (1/3 of 120), and 20 days in 2021 (1/6 of 120). Since the total for the 3-year period is 180 days, you are not considered a resident under the substantial presence test: for 2023.


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You are treated as present in the U.S. on any day you are physically present in the country, at any time during the day. However, there are exceptions to this rule. Do not count the following as days of presence in the U.S. for the substantial presence test:

I do not, know. One of the guys on my team actually told me that MS said there was a bug where if you did not have Skype installed, Outlook presence did not work in Teams mode on the back end. So I redid my O365 layer and included Skype. Even though it's not running at all, presence now works in Outlook. So, another wondering solution thanks to MS.

You can find these inadmissibility grounds in the Immigration and Nationality Act (INA) section 212(a)(9)(B)(i)(I) and (II) (the three-year and 10-year unlawful presence grounds of inadmissibility) and INA 212(a)(9)(C)(i)(I) (the permanent unlawful presence ground of inadmissibility).

Determining if you are inadmissible after accruing unlawful presence can be complex. If you need help or legal advice on immigration matters, make sure the person helping you is authorized to give legal advice. You can find information about authorized legal services on our Avoid Scams page.

If you are in the United States without having been admitted to or paroled into the country by an immigration officer, then you started accruing unlawful presence on the day you entered the country without admission or parole.

These exceptions apply only to the three-year and 10-year unlawful presence grounds of inadmissibility found in INA 212(a)(9)(B)(i)(I) and (II). They do not apply to the permanent unlawful presence ground of inadmissibility found in INA 212(a)(9)(C)(i)(I).

You are not inadmissible under the three-year unlawful presence ground of inadmissibility if you accrued more than 180 days but less than one year of unlawful presence and left the United States after the commencement of removal proceedings, but before the one-year mark. Even if you are not inadmissible under this ground of inadmissibility, you could be inadmissible for other reasons. If you leave the United States after the commencement of removal proceedings, including voluntarily, it is your responsibility to inform the Executive Office for Immigration Review. If you fail to attend removal proceedings and/or if the immigration judge orders you removed in absentia, you could still be inadmissible, even if the reason you did not attend the removal proceedings was due to your departure.

If you are inadmissible under the three-year or the 10-year unlawful presence grounds of inadmissibility, you may be eligible to apply for a waiver of inadmissibility. The legal requirements and procedures for applying for the waiver depend on the immigration benefit you seek.

Whether an unlawful presence ground of inadmissibility applies to you depends on the immigration benefit you are seeking. Depending on the immigration benefit you are seeking, the law may exempt you from the ground of inadmissibility.

If you are inadmissible due to one or more of the unlawful presence grounds of inadmissibility, you generally cannot obtain a visa from the U.S. Department of State, enter the United States at a port of entry, or obtain an immigration benefit such as adjustment of status (Green Card) in the United States without first obtaining a waiver or another form of relief (such as consent to reapply for admission).

NOTE: If you have recently applied for an original or renewal of a Limited-Term Texas driver license or identification card and your period of lawful presence required additional verification, visit our License Eligibility page to determine if the Department has received a response from DHS.

To reduce the risk of identity theft, enhance security and protect the integrity of the licensing process, individuals must present one document from the appropriate category below to verify their U.S. citizenship or lawful presence status.

When at the driver license office, the license and permit specialist will verify the period of lawful presence with the U.S. Department of Homeland Security (DHS). A driver license or ID card cannot be issued until the period of lawful presence is verified by DHS. If the specialist is unable to immediately verify the information electronically, an additional verification is initiated and the individual will be given instructions on what to do next.

NOTE: Because Puerto Rican statute provides that Puerto Rican birth certificates issued before July 1, 2010 are no longer valid, the Department cannot recognize these birth certificates as proof of identification or lawful presence.

App-configured presence states are based on user activity (Available, Away), Outlook calendar states (In a meeting), or Teams app states (In a call, Presenting). When you're in focus mode based on your calendar, Focusing is the state people see in Teams. Focus mode displays as Do not disturb in other products.

Your current presence state changes to Away when you lock your computer or when your computer enters idle or sleep mode. On a mobile device, your presence status changes to Away whenever the Teams app is in the background.

Users receive all chat messages sent to them in Teams regardless of their presence state. If a user is offline when someone sends them a message, the chat message appears in Teams the next time the user is online. If a user state is set to Do not disturb, the user still receives chat messages, but banner notifications aren't displayed.

Users receive calls in all presence states except for Do not disturb, in which incoming calls go to voicemail. If the recipient blocked the caller, the call won't be delivered and the caller sees the recipient's presence as Offline.

Your phone location and sensors in supported Google Home devices can help determine whether or not someone's home, which means these signals, working together, can help determine presence inside the home. This feature is called presence sensing. Presence sensing can help your home devices adjust to your needs when you are home or away.

If you turn off presence sensing for your home and your phone, your Routines and other features that use presence sensing won't know when you leave or come back home, so they won't know when to start. You can still start your Routines manually with the Home app.

Your devices use presence sensing to determine if you're home or not. When Only ring when home is enabled, incoming calls to your Google Nest speakers or displays will occur when your phone is at home, but not when your phone is away from home. You can view and manage your presence data in the Home app.

If you're a member of a home that has Home & Away Routines enabled, turning off presence sensing for your phone in the Google Home app's settings can also disable other features that use your phone's location with presence sensing like Only ring when home.

If you opt-in, the Home app will use your phone's location to figure out when you've crossed over your geofence, a virtual perimeter around your home that you designate when setting up a feature that uses presence sensing for the first time.

In your Home app's history, you'll see an indication for every time you entered or left the geofence area. Remember that presence sensing is distinct from the location History feature of your Google Account, and neither feature impacts the other one.

The Home app doesn't track where you are or where you've been beyond tracking whether or not you are inside your home's geofence. Data used for presence sensing and geofence is only used to determine when you come home or when you leave. This data is used for the purposes for which you give permission, and is explained in more detail in the Nest Privacy FAQs.

Presence sensing works best if every member of your household enables their individual phones in presence sensing settings in the Home app. If some members of your household don't use these settings, your devices may not sense that person as being home, even when they are, and your Routines may not work like you expect them to.

For example, if you're the only person in your household whose phone is enabled in presence sensing, and your home doesn't use any other devices for presence sensing, when you leave, the Away Routine will start and turn off the lights in your home. The other members of your household still at home would need to turn the lights back on or manually start your Home Routine.

If you turn off sharing phone locations for a home or just your phone in the presence sensing settings, features that use presence sensing such as Only ring when home or Home & Away Routines may no longer work.

Your home's presence history includes data for all members of your home and all your devices, even the data you can't see in your home's history in the Home app. It's stored for 60 days and then it's deleted automatically. You and all other members of the home can also delete it manually at any time from the Home app.

Note: You can only see your own history for when you leave or come home. Only those who have set up Home and Away Routines can delete the home's presence sensing history in the Home app. 17dc91bb1f

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