Are you an applicant for naturalization who broke the 5-year continuous residency requirement and would like to file for citizenship? While breaking the requirement can be a frustrating setback, you are still eligible to file for citizenship after a certain period of time without waiting a whole 5 years. Let us break down when you can file your application.
Absence of More than 6 Months (but Less than 1 Year)
If your period of absence from the U.S. was more than 6 months but less than a year, you are presumed to have broken the continuity of your residency. Your intent during this period of absence does not matter, as USCIS considers the length of the period of absence as a determining factor.
You may be able to overcome the presumption of a break in continuity if one of the following applies to you:
- You did not terminate your employment in the United States or obtain employment while abroad;
- Your immediate family members remained in the United States; and
- You retained full access to or continued to own or lease a home in the United States.
If you do not meet the criteria listed above, you will need to establish a new period of continuous residence to become eligible again for naturalization. The earliest you would then be able to apply would be 6 months before the end of the new 5-year residency period.
Absence of More than 1 Year
If your period of absence was more than 1 year, your continuity of residence is automatically broken, regardless of whether the absence takes place before or after the application for naturalization is filed.
If you wish to apply for naturalization, you will need to wait at least 4 years and 1 day after returning to the United States to satisfy the 5-year residency requirement for the new period.
You may also be interested: How does your Criminal History Impact Your Citizenship Application?
Why Hire an Immigration Attorney?
The process of applying for naturalization on the basis of 5-years of continuous residency can be complicated and frustrating. Hiring an experienced immigration attorney can help make the process easier by providing you with assistance and guidance at every stage and ensuring that you meet all eligibility requirements of naturalization.
If you are interested in learning more about the 5-year residency requirement, contact us for a consultation.
