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Continuous residency for the past 5 years or 4 years + 1 day rule?
- Thread starter barr1025
- Start date
howdy_howdy
Volunteer Moderator
If you obtained employment based green card then you have to wait for five years (or four years and nine months) to apply for citizenship provided you fullful the requirements. I haven't heard about any rule like '4 years and one day'.
“Continuous Residence” Example
• An applicant became a Permanent Resident on January 1, 1994.
• The applicant lived in the United States for 3 years, then returned to his/her native country for 1 year and 3 months.
• The applicant got a Re-entry Permit before leaving the United States so that the applicant could keep his/her Permanent Resident status.
• The applicant re-entered the United States with Permanent Resident status on April 1, 1998.
Question: When is the applicant eligible for naturalization?
Answer: On April 2, 2002, 4 years and 1 day after the applicant returned to the United States. The last 364 days the applicant was out of the United States count toward his/her time as a Permanent Resident in “continuous residence,” but the 3 years in the United States before leaving do not.
• An applicant became a Permanent Resident on January 1, 1994.
• The applicant lived in the United States for 3 years, then returned to his/her native country for 1 year and 3 months.
• The applicant got a Re-entry Permit before leaving the United States so that the applicant could keep his/her Permanent Resident status.
• The applicant re-entered the United States with Permanent Resident status on April 1, 1998.
Question: When is the applicant eligible for naturalization?
Answer: On April 2, 2002, 4 years and 1 day after the applicant returned to the United States. The last 364 days the applicant was out of the United States count toward his/her time as a Permanent Resident in “continuous residence,” but the 3 years in the United States before leaving do not.
Last edited by a moderator:
“Continuous Residence” Example
• An applicant became a Permanent Resident on January 1, 1994.
• The applicant lived in the United States for 3 years, then returned to his/her native country for 1 year and 3 months.
• The applicant got a Re-entry Permit before leaving the United States so that the applicant could keep his/her Permanent Resident status.
• The applicant re-entered the United States with Permanent Resident status on April 1, 1998.
Question: When is the applicant eligible for naturalization?
Answer: On April 2, 2002, 4 years and 1 day after the applicant returned to the United States. The last 364 days the applicant was out of the United States count toward his/her time as a Permanent Resident in “continuous residence,” but the 3 years in the United States before leaving do not.
Good Explanation !
Here is a quote from Adjudicator's manual in chapter 73.3 Continuity of Residence:
"The application of a person who is subject to the continuous residence requirement but has been continuously absent for a year or more without qualifying for the exception benefits of section 316(b), or making a timely application for such benefits, must be denied for failure to meet the continuous residence requirement of section 316(a). In the case of a denied applicant who is subject to the five-year continuous residence period, this means that he or she becomes eligible to overcome that impediment four years and one day following the date of return to the United States to resume permanent residence. If the case of an ineligible applicant who is subject to the three-year statutory residence period, eligibility to overcome the impediment and to file a new application for naturalization will occur two years and one day following the date of return to resume permanent residence. (See to 8 CFR 316.5(c)(1)(ii) and 8 CFR 316.5(d) .) For additional discussion see the relating parts of Chapter 74.2 of this field manual, Part-by-Part Discussion of Form N-400 Data ".
If the absence is > 6 months but < 1 year and the continuous residence requirement is broken(i.e you are not able to overcome the presumption of break in the CR requirement) your application will be denied but you may qualify to reapply under the rule (4 years + 1 day) because you are subject to the 5 years CR rule.
"The application of a person who is subject to the continuous residence requirement but has been continuously absent for a year or more without qualifying for the exception benefits of section 316(b), or making a timely application for such benefits, must be denied for failure to meet the continuous residence requirement of section 316(a). In the case of a denied applicant who is subject to the five-year continuous residence period, this means that he or she becomes eligible to overcome that impediment four years and one day following the date of return to the United States to resume permanent residence. If the case of an ineligible applicant who is subject to the three-year statutory residence period, eligibility to overcome the impediment and to file a new application for naturalization will occur two years and one day following the date of return to resume permanent residence. (See to 8 CFR 316.5(c)(1)(ii) and 8 CFR 316.5(d) .) For additional discussion see the relating parts of Chapter 74.2 of this field manual, Part-by-Part Discussion of Form N-400 Data ".
If the absence is > 6 months but < 1 year and the continuous residence requirement is broken(i.e you are not able to overcome the presumption of break in the CR requirement) your application will be denied but you may qualify to reapply under the rule (4 years + 1 day) because you are subject to the 5 years CR rule.
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Thanks everyone, crystal clear now!
I fall under the 5 year guidelines as I was never out of the country for more than 6 months total and that was broken up into 2 weeks trips over 4 1/2 years. I will be apllying for naturalization 80 days early which will be May this year. Thanks for the replies and good luck to everyone.
I fall under the 5 year guidelines as I was never out of the country for more than 6 months total and that was broken up into 2 weeks trips over 4 1/2 years. I will be apllying for naturalization 80 days early which will be May this year. Thanks for the replies and good luck to everyone.