Enterline & Partners Consulting | info@enterlinepartners.com

The Effect of Breaks in Continuity of Residence on Eligibility for Naturalization

Are you a lawful permanent resident (“LPR”) of the United States and want to become a U.S. citizen?  If you have been a resident for at least 5 years, or 3 years if you obtained your LPR status through marriage to a U.S. citizen, then you may be eligible for “naturalization”, the process for becoming a U.S. citizen.

One of the requirements to qualify is that an applicant for naturalization generally must have resided “continuously” in the United States after his or her lawful permanent resident (“LPR”) admission for at least 5 (or 3) years prior to filing the naturalization application (residence must continue until the applicant is naturalized), but an absence from the United States for more than 6 months but less than 1 year during that 3 or 5-year period triggers a presumption of a break in the continuity of residence.

U.S. Citizenship and Immigration Services (“USCIS”) has recently issued policy guidance in the USCIS Policy Manual to address naturalization applicants’ absences from the United States of more than 6 months but less than 1 year during the statutorily required continuous residence period.

The Policy Manual addresses when an applicant who has broken his or her continuous residence may reapply for naturalization and clarifies that:

  • Naturalization applicants absent from the United States during the statutory period for more than 6 months but less than 1 year, must overcome the presumption that the continuity of residence has been broken in order to remain eligible for naturalization; and,
  • An applicant who USCIS determines to have broken the continuity of residence must establish a new period of continuous residence; the requisite duration of that period depends on the basis upon which the applicant seeks to naturalize (three or five years).

If you are an LPR and are unable to return to the U.S. within 6 months of your departure, this presumption will apply to you and may disqualify you from naturalization, or worse, reset your “resided continuously” clock back to the start of 3 or 5 years.

For more information, contact us at info@enterlinepartners.com and speak with one of our U.S. immigration lawyers in Asia at our offices in Ho Chi Minh City, Manila and Taipei.

 

ENTERLINE & PARTNERS CONSULTING

Ho Chi Minh City, Vietnam Office
Ad: 3F, IBC building, 1A Cong Truong Me Linh Str., District 1, HCMC, Vietnam
Tel: +84 933 301 488
Email: info@enterlinepartners.com
Facebook: Enterline and Partners-Đầu Tư Định Cư tại Mỹ
Website: http://enterlinepartners.com

Manila, Philippines Office
Ad: Unit 2507 Cityland 10 Tower 1, 156 H.V. Dela Costa Street, Makati City, Philippines 1209
Tel: +632 5310 1491
Email: info@enterlinepartners.com
Facebook: Enterline and Partners Philippines
Website: https://enterlinepartners.com/language/en/welcome/

CATEGORY
time
recent posts
CTA_Collection

contact us today for more information

Latest News

Visa Định Cư

Can My Child Come With Me on a U.S. Immigrant Visa?

When you are a parent with plans to immigrate to the United States, one of the most important questions may be whether your child can come with you. The answer depends on many factors such as the visa category, your child’s age, his/her marital status, and your relationship to the person who is petitioning you to immigrate to the United States. In some immigration categories, an unmarried child under twenty-one (21) years old can qualify as a derivative beneficiary and immigrate through the parents without having a separate immigrant petition filed with the United States Citizenship and Immigration Services (“USCIS”) submitted on their behalf. At Enterline and Partners, our U.S. immigration attorneys help individuals and families in Vietnam and the Philippines understand how their children fit into K-1 fiancé(e) visa, family-based, EB-3 employment, EB-5 investor, and other immigration cases. Learn about your options. Schedule a consultation today. What Is a

Read more >
bona fide

How to Prove a Bona Fide Marriage for a U.S. Spousal Visa

Applying for a U.S. visa based on marriage, commonly known as a Spousal visa, requires more than showing that you are legally married. The U.S. government must also be satisfied that you entered into the marriage in good faith and not primarily to obtain an immigration benefit. For couples living in different countries, proving the relationship can require careful documentation. You may not have a joint lease, shared utility bills or other records that couples living together commonly have. Instead, your evidence may need to show how the relationship developed, stayed connected and how your lives have become intertwined despite the distance. Understanding what counts as bona fide marriage evidence for a U.S. Spousal Visa can help you prepare a stronger case and reduce the risk of questions later in the process. If you have questions about the evidence needed for your U.S. Spousal visa case, our U.S. immigration attorneys

Read more >
NVC

What is the NVC and What Happens After USCIS Approval? (2026 Guide)

Having an immigrant petition approved by the United States Citizenship and Immigration Services (“USCIS”) is an important milestone, but for many applicants living outside the United States, it is not the end of the immigration process. Following USCIS approval, the case moves to the National Visa Center (“NVC”) which is under the Department of State (“DOS”). The NVC processing involves creating a case number, paying visa application fees, collecting and submitting documentation and waiting for the case to be transferred to a U.S. Embassy or Consulate. At Enterline and Partners, our U.S. immigration attorneys represent clients in Asia through the different stages of the immigration process, including family-based immigration cases, K-1 fiancé(e) visa cases, and EB-5 immigrant investor cases. In this guide, we will walk you through what happens after USCIS approval, what to expect from NVC processing and how to prepare for the consular processing stage of your case.

Read more >
Zalo
Phone
WhatsApp
Messenger
Messenger
WhatsApp
Phone
Zalo