Patta Hara
Registered Users (C)
THERE HAVE BEEN MANY POSTS ABOUT CONFUSION IN MAINTAINING LPR(LEGAL PERMANENT RESIDENT) STATUS. THIS ARTICLE MIGHT BE USEFUL
Basic Eligibility Requirements for Naturalization
Last week, the MURTHYBULLETIN discussed some of the advantages of
becoming a
U.S. citizen in "Benefits of Becoming a U.S. Citizen," available on
MurthyDotCom at . As promised, we
will
now explain the basic eligibility requirements for citizenship and some
issues that may arise in the context of a naturalization case.
There are a number of criteria that must be reviewed to determine if a
person is eligible to apply for United States (U.S.) citizenship. As a
starting point, the applicant must be a Legal Permanent Resident (LPR),
and
at least eighteen years old. There are limited exceptions to this rule,
including honorable service in the U.S. military during a time of war
or
declared hostility. However, the basic rule is LPR and eighteen years
of
age.
CONTINUOUS RESIDENCE REQUIREMENT
In order to be eligible for naturalization, after LPR status has been
obtained, the individual must be able to establish "continuous
residence" in
the U.S. for a period of five years before filing the application. This
period is reduced to three years for individuals who are married to
U.S.
citizens or who obtained LPR status based upon marriage but were
battered or
abused by their spouses. With the exception of abuse in order to be
eligible
for the three-year period based upon marriage, the applicant must be
"living
in marital union" with the U.S. citizen spouse. The five- or three-year
period is referred to as the "statutory period."
PHYSICAL PRESENCE
Continuous residence does not mean that the applicant must physically
remain
in the U.S. for the entire statutory period. There are essentially
three
requirements.
The first of these requirements is that the applicant must be
physically
present in the U.S. for at least half the statutory five- or three-year
period in order to be eligible for naturalization. To determine
eligibility,
the applicant needs to review the appropriate five- or three-year
period
immediately preceding his or her application and count the number of
days
s/he was physically in the U.S. The number of days spent in the U.S.
must
equal at least one half of the total days in the five- or three-year
period
in order to be eligible to naturalize.
The next requirement is that no individual trip outside of the U.S. can
be
of one year\'s duration or greater. Trips of this duration are
considered to
automatically break the physical presence requirement. A reentry permit
does
not overcome this problem. In the event that the applicant was outside
of
the U.S. for one year or more, s/he would have to wait at least four
years
and one day from the time of return to the U.S. to apply for
naturalization.
Third, trips that are over 6 months in duration are presumed to break
the
continuity of residence. This legal presumption can be rebutted with
evidence that the applicant did not abandon his or her residence. The
inquiry into whether residence was abandoned will include whether U.S.
tax
returns were filed, whether the individual maintained a permanent home
in
the U.S., whether the individual worked abroad, the reason for the
absence,
and family ties to the U.S. This is in no way an exhaustive list and
each
case must be argued on its own facts. The safest route is to limit
trips
outside the U.S. to less than six months, if at all possible. This
precaution will eliminate the issue entirely.
RESIDENCE IN THE STATE
The applicant must establish residency in a specific state in the U.S.
for a
3-month period in order to file an application in that jurisdiction.
Proof
of residence can be established through an identification card from the
motor vehicle department, copy of a lease agreement, bank accounts
Basic Eligibility Requirements for Naturalization
Last week, the MURTHYBULLETIN discussed some of the advantages of
becoming a
U.S. citizen in "Benefits of Becoming a U.S. Citizen," available on
MurthyDotCom at . As promised, we
will
now explain the basic eligibility requirements for citizenship and some
issues that may arise in the context of a naturalization case.
There are a number of criteria that must be reviewed to determine if a
person is eligible to apply for United States (U.S.) citizenship. As a
starting point, the applicant must be a Legal Permanent Resident (LPR),
and
at least eighteen years old. There are limited exceptions to this rule,
including honorable service in the U.S. military during a time of war
or
declared hostility. However, the basic rule is LPR and eighteen years
of
age.
CONTINUOUS RESIDENCE REQUIREMENT
In order to be eligible for naturalization, after LPR status has been
obtained, the individual must be able to establish "continuous
residence" in
the U.S. for a period of five years before filing the application. This
period is reduced to three years for individuals who are married to
U.S.
citizens or who obtained LPR status based upon marriage but were
battered or
abused by their spouses. With the exception of abuse in order to be
eligible
for the three-year period based upon marriage, the applicant must be
"living
in marital union" with the U.S. citizen spouse. The five- or three-year
period is referred to as the "statutory period."
PHYSICAL PRESENCE
Continuous residence does not mean that the applicant must physically
remain
in the U.S. for the entire statutory period. There are essentially
three
requirements.
The first of these requirements is that the applicant must be
physically
present in the U.S. for at least half the statutory five- or three-year
period in order to be eligible for naturalization. To determine
eligibility,
the applicant needs to review the appropriate five- or three-year
period
immediately preceding his or her application and count the number of
days
s/he was physically in the U.S. The number of days spent in the U.S.
must
equal at least one half of the total days in the five- or three-year
period
in order to be eligible to naturalize.
The next requirement is that no individual trip outside of the U.S. can
be
of one year\'s duration or greater. Trips of this duration are
considered to
automatically break the physical presence requirement. A reentry permit
does
not overcome this problem. In the event that the applicant was outside
of
the U.S. for one year or more, s/he would have to wait at least four
years
and one day from the time of return to the U.S. to apply for
naturalization.
Third, trips that are over 6 months in duration are presumed to break
the
continuity of residence. This legal presumption can be rebutted with
evidence that the applicant did not abandon his or her residence. The
inquiry into whether residence was abandoned will include whether U.S.
tax
returns were filed, whether the individual maintained a permanent home
in
the U.S., whether the individual worked abroad, the reason for the
absence,
and family ties to the U.S. This is in no way an exhaustive list and
each
case must be argued on its own facts. The safest route is to limit
trips
outside the U.S. to less than six months, if at all possible. This
precaution will eliminate the issue entirely.
RESIDENCE IN THE STATE
The applicant must establish residency in a specific state in the U.S.
for a
3-month period in order to file an application in that jurisdiction.
Proof
of residence can be established through an identification card from the
motor vehicle department, copy of a lease agreement, bank accounts