If I leave the U.S. for more than 6 months and less than a year

[arisu 0]

I have some questions about permanent resident cards and citizenship.

 

①I'm a permanent resident card holder. I'm wondering what's going to happen if I leave the U.S. for more than 6 months for some reasons if I want to get a citizenship.(Let's say 7~8 months)

I know we have to stay in the U.S. at least 30 months continuously for the past 5 years before we apply for a citizenship.

 

②Are there any exceptions for leaving the U.S. for more than 6 months? Like I had to go to school, had to work, or any other reasons.

　Or are there any ways to ignore the requirement?

    And if it's not possible to ignore the requirement, how long do we have to wait until we will be able to apply for a citizenship?

 

 

 

[TBoneTX 45,199]

Thread is moved from General Immigration Discussion to the US Citizenship main forum.

[SusieQQQ 11,586]

15 hours ago, arisu said:

I have some questions about permanent resident cards and citizenship.

 

①I'm a permanent resident card holder. I'm wondering what's going to happen if I leave the U.S. for more than 6 months for some reasons if I want to get a citizenship.(Let's say 7~8 months)

I know we have to stay in the U.S. at least 30 months continuously for the past 5 years before we apply for a citizenship.

 

②Are there any exceptions for leaving the U.S. for more than 6 months? Like I had to go to school, had to work, or any other reasons.

　Or are there any ways to ignore the requirement?

    And if it's not possible to ignore the requirement, how long do we have to wait until we will be able to apply for a citizenship?

 

 

 

You have to meet both the physical presence and continuous residence requirements to naturalize. the 5 years/30 months is the physical presence requirement. If you leave for more than 6 months (but less than a year) you break continuous residence, unless you can prove via various means that you didn’t (keeping US job, home etc). If that happens then  can apply for citizenship 4 years and 6 months after you enter again. My advice would be to try fly back to the US at some point before the 6 month mark to keep absences below 6 months. This wouldn’t necessarily work if you were looking at being out say 2 years but for a period only a bit longer than 6 months it should be fine.

see the chapter from the uscis manual below, there is a detailed section on this 

https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3

 

1. Absence of More than 6 Months (but Less than 1 Year)

An absence of more than 6 months (more than 180 days) but less than 1 year (less than 365 days) during the period for which continuous residence is required (also called “the statutory period”) is presumed to break the continuity of such residence.^[12] This includes any absence that takes place during the statutory period before the applicant files the naturalization application and any absence between the filing of the application and the applicant’s admission to citizenship.^[13]

An applicant’s intent is not relevant in determining the location of his or her residence. The length of the period of absence from the United States is the defining factor in determining whether the applicant is presumed to have disrupted the continuity of his or her residence.

However, an applicant may overcome the presumption of a break in the continuity of residence by providing evidence to establish that the applicant did not disrupt the continuity of his or her residence. Such evidence may include, but is not limited to, documentation that during the absence:

• The applicant did not terminate his or her 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.

Eligibility After Break in Residence

An applicant who USCIS determines to have broken the continuity of residence must establish a new period of continuous residence in order to become eligible for naturalization.^[15] The requisite duration of that period depends on the basis upon which the applicant seeks to naturalize.^[16] In general, such an applicant may become eligible and may apply for naturalization at least 6 months before reaching the end of the pertinent statutory period.^[17]

Example

An applicant who is subject to a 5-year statutory period for naturalization is absent from the United States for 8 months, returning on August 1, 2018. The applicant has been absent from the United States for more than 6 months but less than 1 year. As such, the applicant must be able to rebut the presumption of a break in the continuity of residence in order to meet the continuous residence requirement for naturalization.

If the applicant is unable to rebut the presumption, he or she must wait until at least 6 months from reaching the 5-year anniversary of the newly established statutory period following the applicant’s return to the United States. In this example, the newly established statutory period began on August 1, 2018, when the applicant returned to the United States. Therefore, the earliest the applicant may re-apply for naturalization is February 1, 2023, which is at least 6 months from the 5-year anniversary of the pertinent statutory period.^[18]