continuity of residence for N-400

[russian_armenian 4]

Many questions here about it. Read the actual law below. Source http://www.uscis.gov/propub/ProPubVAP.jsp?...3187569d01e667a

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The absence for a continuous period of one year or more which causes a break in the continuity of residence must be one that falls entirely within the statutory period. Continuity of residence or a break therein outside the statutory period is not relevant to the residence requirements for naturalization. ( Added )

Consider, for example, a lawful admission for permanent residence on June 1, 1953, a five-year statutory period extending from January 3, 1956, to January 3, 1961 (when the petition is filed), and a continuous absence from January 1, 1954, to January 1, 1957. While the petitioner has been absent continuously for three years, his absence during the statutory period has been for less than one year (i.e., January 3, 1956, to January 1, 1957). Consequently, no break in the continuity of residence has occurred, the petitioner's continuous residence is regarded as having begun on June 1, 1953, the date of his lawful admission for permanent residence, and he is eligible to file the petition on January 3, 1961.

On the other hand, assuming that the above petitioner had been continuously absent from January 1, 1954 to February 1, 1957, his absence during the statutory period would have been for more than one year (i.e., January 3, 1956, to February 1, 1957), the continuity of his residence would have been broken, and his continuous residence for naturalization purposes would be regarded as having begun on the date of his return, February 1, 1957. This does not mean, however, that the petitioner must accumulate a ful l five-year period of continuous residence beginning on February 1, 1957, before he can file his petition; rather, since he can be continuously absent for as much as 364 days during the statutory period without breaking the continuity of his residence, he may file the petition four years and one day following his return on February 1, 1957. Similarly, where the case is one involving a three-year statutory period, the petition may be filed two years and one day from the date of the reentry, after the extende d, breaching absence.

--Consequently, by virtue of the above definitions continuous residence in the United States ceases when the applicant is actually absent therefrom beyond the statutory limits of permissible absence, even though residence or domicile 31 / in the United States can be spelled out from the absentee's intent to maintain and return to his residence therein. While such intent is no longer a factor under the circumstances stated, it remains pertinent when presumptive loss of continuous residence is the issue; or, when the absentee's status as a returning permanent resident is under question, rather than continuity of residence for naturalization purposes.

In this last connection above, it should be recognized that an interruption of continuous residence does not necessarily disturb an absentee's status as a lawful permanent resident, and upon proper readmission in such status, he may begin again to accumulate the requisite continuous residence.

--State residence during absence of less than 1 year . Since continuity of residence in the United States is not conclusively broken under section 316(B) by any absence of less than a year, unless it is established that such residence actually has been abandoned, the applicant's residence during any such period of absence necessarily continues to be in the place (otherwise the State) where he resided at the time of his departure abroad. Accordingly, he will be regarded as having complied with the requirement of continuous State residence, either upon his retu rn to that same State if at least 6 months (including any part or all of the absence period) had then elapsed since he first established residence therein, or on the date after his return when at least 6 months (including any part or all of the absence period) will have elapsed since he first established residence in the State. However, if upon his return he takes up residence in a State other than the one in which he resided at the time of his departure, he must complete 6 months' residence in the new juri sdiction before he will be eligible to file a petition in that State.