Īn LPR’s lengthy or frequent absences from the U.S. In some of these cases, an applicant may not be able to establish that his or her principal actual dwelling place is in the United States or establish residence within the United States for the statutorily required period of time. The applicant is absent from the United States for 1 year or more.Īn officer may also review whether an applicant with multiple absences of less than 6 months each will be able to satisfy the continuous residence requirement. The applicant is absent from the United States for more than 6 months but less than 1 year or Generally, there are two ways outlined in the statute in which the continuity of residence can be broken: Other examples that may raise a rebuttable presumption that an applicant has abandoned his or her LPR status include cases where there is evidence that the applicant voluntarily claimed "nonresident alien" status to qualify for special exemptions from income tax liability or fails to file either federal or state income tax returns because he or she considers himself or herself to be a "nonresident alien." C. Breaks in Continuous ResidenceĪn applicant for naturalization has the burden of establishing that he or she has complied with the continuous residence requirement, if applicable. However, an applicant who has been readmitted as an LPR after a deferred inspection or by an immigration judge in removal proceedings can satisfy the residence and physical presence requirements in the same manner as any other applicant for naturalization. USCIS will consider the entire period from the LPR admission until the present when determining an applicant’s compliance with the continuous residence requirement.Īn order of removal terminates the applicant's status as an LPR and therefore disrupts the continuity of residence for purposes of naturalization. B. Maintenance of Continuous Residence for Lawful Permanent Residents Each requirement must be satisfied (unless otherwise specified) in order for the applicant to be eligible for naturalization. The requirements of “continuous residence” and “physical presence” are interrelated but are different requirements. These classes of applicants include certain military members and certain spouses of U.S. citizens. The residence in question “is the same as that alien’s domicile, or principal actual dwelling place, without regard to the alien’s intent, and the duration of an alien’s residence in a particular location measured from the moment the alien first establishes residence in that location.” Accordingly, the applicant’s residence is generally the applicant’s actual physical location regardless of his or her intentions to claim it as his or her residence.Ĭertain classes of applicants may be eligible for a reduced period of continuous residence, for constructive continuous residence while outside the United States, or for an exemption from the continuous residence requirement altogether. The concept of continuous residence involves the applicant maintaining a permanent dwelling place in the United States over the period of time required by the statute. An applicant must also establish that he or she has resided in the state or service district having jurisdiction over the application for 3 months prior to filing. An applicant for naturalization under the general provision must have resided continuously in the United States after his or her lawful permanent resident (LPR) admission for at least 5 years prior to filing the naturalization application and up to the time of naturalization.
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