Naturalization Basics: What Happens if You Break Your Continuous Residency as a Greencard Holder?

In a previous post, we covered the eligibility requirements for becoming a U.S. citizen through the naturalization process. Under the continuous residence requirement, a naturalization applicant must show that they have resided continuously in the United States after being admitted as a lawful permanent resident (LPR) for at least 5 years (3 years if married to a U.S. citizen) prior to filing the naturalization application and up to the time of being naturalized.

When it comes to the basics of continuous residence, the government is looking to whether you've established a permanent dwelling place in the U.S. during the statutory period. Practically speaking, this is your home address, whether you rent or own the place. So long as you have an address in the U.S. that you call home, you're on the path towards proving continuous residence.

BREAKS IN CONTINUOUS RESIDENCE

USCIS will consider the entire period from the LPR admission until the present when determining an applicant's compliance with the continuous residence requirement. Although the main basis for breaking continuous residence is tied to time outside the U.S., it can also break if the applicant has ever claimed to be a "nonresident alien" in order to qualify for special exemptions from income tax liability. Likewise, failing to file federal income tax returns because the applicant considers themself a nonresident alien will also cause a break in continuous residence.

According to the Immigration & Nationality Act (INA), there are two ways in which continuous residence can be broken: (1) The applicant is absent from the United States for more than 6 months, but less than 1 year; or (2) The applicant is absent from the United States for 1 year or more. However, lengthy or frequent absences from the U.S. can also result in a finding that continuous residence was broken.

ABSENCES OF MORE THAN 6 MONTHS, BUT LESS THAN 1 YEAR

An absence of more than 6 months but less than 1 year is presumed to break the continuity of residence. Unfortunately, the applicant's intent is irrelevant and the defining factor is the length of the period of absence. However, the presumption can be overcome by providing evidence that shows that the absence did not disrupt continuous residency. This may include documentation showing that during the absence:

The applicant did not terminate their employment in the United States or obtain employment while abroad;
The applicant's immediate family members remained in the United States; and
The applicant retained full access to or continued to own or lease a home in the United States.

If the evidence submitted fails to rebut the presumption of a break, the applicant must establish a new period of continuous residence starting from the date of the break. For example, if you left the U.S. and stayed abroad for 9 months and returned on October 25, 2021, there would be a presumption that you broke your continuous residence. If USCIS agrees that there is a break, you would have to start your five year period over from October 25th.

ABSENCES OF 1 YEAR OR MORE

An absence from the United States for a continuous period of 1 year or more will automatically break the continuity of residence. There is no presumption here and the clock will automatically restart from the date the applicant returns to the U.S. Furthermore, its important to note that not only does this break the continuous residency requirement, but you are also at risk of abandoning your LPR status altogether.

Two ways to avoid these risks are applying to preserve residence for naturalization purposes using the Form N-470 and/or seeking a re-entry permit via the Form I-131. If you qualify, these protective measures will ensure that your extended trip abroad does not interfere with your LPR status or your ability to naturalize.

If you are an LPR and intend to travel outside the U.S. for an extended period of time or have concerns that you may have broken your continuous residence, our experienced immigration attorneys are here to advise you properly. If you have any other questions or you are interested in seeking a consultation to learn more, please do not hesitate to give us a call or schedule a consultation using the button at the top of our website.

Disclaimer: This blog post and similar posts are not to be considered as providing legal advice. The discussion here is meant for educational and informational purposes only and shall not create an attorney-client relationship with the readers of this content.