4yr + 1 day rule

[boatbod]

I just came across a USCIS memo detailing how to handle breaks in continuous residence where the trip abroad was between 6-12 months (i.e. less than one year, but greater than six months.)

Contrary to what appears to be written in 8.CFR (which suggests an absence needs to be longer than 1 year) such breaks in residency apparently do fall under the 4yrs+1day rule.

Appendix 74-13 Continuity of Residence for Naturalization Purposes

 

[byegeorge]

But only if it is determined that continuity was broken during an absence of >6 and <12 months. It is not automatic and an applicant can make the case that continuity was not broken if they fall in this grey zone (e.g. if they could not return due to unforeseeable circumstances). If the trip lasted >1 year, then it is pretty clear that continuity has been broken and hence the 4yr + 1day rule applies.

 

[boatbod]

But only if it is determined that continuity was broken during an absence of >6 and <12 months. It is not automatic and an applicant can make the case that continuity was not broken if they fall in this grey zone (e.g. if they could not return due to unforeseeable circumstances). If the trip lasted >1 year, then it is pretty clear that continuity has been broken and hence the 4yr + 1day rule applies.

True... but of course I was making the assumption that anyone interested in the 4yr+1day rule probably had already broken their residence.