Continuous Residence and Physical Presence Requirements
The continuous residence and physical presence requirements can be a point of confusion for many permanent residents (green card holders) when applying for U.S. citizenship through naturalization.
Understandably, permanent residents may want to visit family and friends in their home countries by traveling for extended periods and returning to the United States. For these permanent residents, it is important to understand how long absences from the United States can affect eligibility for filing Form N-400, Application for Naturalization.
The continuous residence and physical presence requirements serve to prove that you have not abandoned your U.S. residence and that you genuinely want to become a citizen. By spending too much time abroad, you signal to USCIS that you may not be fully committed to permanent residence in the United States and also may not be eligible for U.S. citizenship. The requirements are in place to help ensure that the U.S. is accepting citizens that want to fully integrate and become a part of American life.
Continuous Residence Explained
Continuous residence means that the applicant has maintained residence within the United States for a specified period of time. Generally, you must have 5 years of continuous residence in the U.S. to become eligible for naturalized citizenship. However, if you are married to a U.S. citizen, the requirement is 3 years of continuous residence (while married to the U.S. citizen spouse). There’s an exception if the spouse is a battered spouse.
Travel outside the United States can disrupt your continuous residence. You should avoid any trips abroad of 6 months or longer. For the purposes of naturalization:
- A trip abroad that is less than 6 months will not disrupt continuous residence.
- A trip of more than 6 months but less than one year is presumed to break your continuous residence.
- A trip 12 months or longer will definitely break your continuous residence.
An absence between 6 months and one year is presumed to disrupt the continuity of residence. That’s why many permanent residents limit their individual trips outside the United States to 1-5 months at a time. If you travel for over 6 months (but less than a year) at one time, USCIS will automatically presume that you’ve broken your continuous residence requirement for the purposes of naturalization.
Overcoming a Presumption That You Disrupted Continuous Residency
It is possible to overcome this presumption and successfully apply for naturalization. You will need to provide evidence to establish that you did not disrupt your residence and continue to maintain strong ties in the United States. According to USCIS, the evidence may include, but is not limited to, documentation that during the absence:
- You did not terminate your employment in the United States or obtain employment while abroad.
- Your immediate family remained in the United States.
- You retained full access to your United States abode.
If you have an absence of greater than six months and want to apply for naturalization, consult with an immigration lawyer first. A legal professional can properly analyze your specific situation and advise you how to proceed.
Absence of One Year or More
An absence from the United States for a continuous period of one year or more (365 days or more) during the period for which continuous residence is required will break the continuity of residence. This applies whether the absence takes place prior to or after filing the naturalization application.
There are special provisions in the law that exempt members of the U.S. armed forces, certain business travelers, religious workers, government employees, and researchers for a U.S. research agency, from the continuous residence requirement. Review the USCIS Policy Manual for more information about the continuous residence requirement.
Four Years and One Day Rule
If you have a break in your continuity of residence, it’s not necessary to accrue another five years of continuous residence before applying for naturalization. An applicant who is required to establish continuous residence for at least five years and whose application for naturalization is denied for an absence of one year or longer, may apply for naturalization four years and one day after returning to the United States to resume permanent residence. An applicant who is subject to the three-year continuous residence requirement may apply two years and one day after returning to the United States to resume permanent residence. This is known as the “four years and one day” rule and is described in 8 CFR §316.5(c)(1)(ii).
Physical Presence Explained
Physical presence means that the applicant has been physically present within the United States for a specified period of time over the previous 5 years. Generally, you must be have 30 months of physical presence in the U.S. you become eligible for naturalized citizenship. However, if you are married to a U.S. citizen over a 3-year period, the requirement is 18 months of physical presence (while married to the U.S. citizen spouse).
Physical presence is a cumulative requirement; so you must combine each day that you were outside the United States. If you have been absent from the U.S. too long, you won’t be able to apply for naturalization. To resolve this problem, remain in the United States. After a few months months, recalculate your time outside the U.S.
There are special provisions in the law that exempt members of the U.S. armed forces, certain business travelers, religious workers, government employees, and researchers for a U.S. research agency, from the physical presence requirement. Review the USCIS Policy Manual for more information about the physical presence requirement.
How to Determine Continuous Residence and Physical Presence
Your time as a permanent resident generally begins the day you were granted permanent resident status. More accurately, a person is considered to be a permanent resident at the time USCIS approves the applicant’s adjustment application or at the time the applicant enters and is admitted into the United States with an immigrant visa. The date can be found on your green card next to “Resident Since.”
However, for certain classifications the effective date of becoming a permanent resident may be a date that is earlier than the actual approval of the status (commonly referred to as a “rollback” date). For example, a person admitted under the Cuban Adjustment Act is generally a permanent resident as of the date of the person’s last arrival and admission into the United States or 30 months before the filing of the adjustment application, whichever is later. A refugee is generally considered an permanent resident as of the date of entry into the United States. A parolee granted adjustment of status pursuant to the Lautenberg Amendment is considered a permanent resident as of the date of parole into the United States. In addition, USCIS generally considers an asylee’s date of admission as a permanent resident to be one year prior to the date of approval of the adjustment application.