Two of the elements that a potential naturalization applicant should meet are the continuous residence and physical presence requirements. If you obtained your permanent residency through marriage, the residency requirement is three years, assuming you are still living with your spouse. If you obtained your permanent residency through other means, such as employment or through a different family member, then the residency requirement is five years. You should then be physically present in the U.S. for at least one-half of the last five years (or one-half of the last three years if you got your green card through marriage) before applying for naturalization.
An absence between six months and one year during those last three or five years raises a rebuttable presumption that continuity of residence has been interrupted. INA § 316(b). Thus, if you’ve had trips abroad which lasted between six months and one year, even though you meet the physical presence requirement, the continuity of residence requirement might have been disrupted.
You should be able to properly document your trips and reasons for such when you apply for naturalization, and explain this at your interview, to rebut the presumption of disruption.
Some factors which may establish continuity of residence as stated in 8 C.F.R. § 316.5(c)(1)(ii) include:
1. Not terminating employment in the U.S.
2. Presence of immediate family in the U.S.
3. Retention of full access to a U.S. home, and
4. Not obtaining employment abroad.
Permanent residents who studied abroad with trips between six months and a year can also rebut this presumption. Li v. Chertoff, 490 F.Supp.2d 130 (D.Mass.2007), holds that study abroad does not result in abandonment of residency. Our firm recently represented an Indian client with this issue, and he was able to naturalize. (Click Here for the Success Story). We also cited this case for another client of ours whose husband was the one who studied abroad (Click Here for the Success Story), in which she, at that time the permanent resident, accompanied her husband.
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Hi,
I read the article above. I am a Green Card holder since February 2010. And i left US in August 2010 to continue my education in Denmark (At the time i had already started my education there). The second time i got back to US was in May 2011. Since then i’ve been visiting my family in US every 3-5 months a year. In 2012 i stayed in US 3 times, the last one lasting 7 months (being employed at an architectural firm till February 2013). My question is does my first (August 2010-May 2011, 8 months) long absence disrupt my permanent residence? I know that i’ve never had problems with the Custom Service at the airports.
Velislav Nikolov
Trips between 6 months and a year create a rebuttablle presumption by law that the continuity of residence is disrupted. One of the arguments to “rebut” this presumption is the continuation of the applicant’s studies during that particular trip. So every trip between 6-12 months by law DOES disrupt it BUT WE CAN try to REBUT this by showing your school records and the fact that you had already started your education there. If the officer agrees with the rebuttal argument and evidence, then there will be no disruption. Hope this helps. Feel free to email me or call us if you have further questions.