Those Who Stay Abroad May be Disqualified From Naturalization

Do you know somebody who has a U.S. green card but often doesn't stay here?  Green card holders are lawful permanent residents of the United States; they are expected to stay and live in the U.S. permanently. However, some foreigners use the green card as a tool of convenience to allow them to come and stay in the U.S. whenever they want to.  Others may look at it as an insurance in case they need to live in another country.  The recent tightening of U.S. immigration policy means that these sojourners may no longer be able to abuse the privileges of an American green card. 

Recently, USCIS clarified the residency requirements for naturalization. Generally speaking, an applicant for naturalization must have resided continuously in the United States for at least 5 years as  permanent residents before she apply for naturalization.  However, according to USCIS policy, an applicant who has been absent from the United States for more than six months but less than a year is assumed to have abandoned her residency. If she wishes to apply for naturalization, she must overcome the presumption that her absence has broken the continuity of her residence in the United States.   

How one may overcome the legal presumption?  Unforeseen circumstances such as accidents, serious illnesses or other mishaps can be used to justify the long absences. At the same time, an applicant must also present evidence to prove that she has substantial family, property, social and economic ties in the United States.  

If an applicant is found to have broken the continuity of residence in the United States, she must establish a new period of continuous residence.  In practical terms, it means that she can only apply for naturalization after four and a half years have passed.  

What about those who have been absent for one year or longer? In this situation, the applicant's legal residency has been broken already unless the applicant has an approved Application to Preserve Residence for Naturalization Purposes (Form N-470).  If they are able to overcome the presumption of broken residency, they may apply for naturalization after four years and one day.  Otherwise, they must wait at least four and a half years before they may apply. 

In fact, green card holders who have been gone for more than one year are considered to have abandoned their green cards; they may not be allowed to return to the U.S. and may get removed from the country unless they can prove with strong evidence that they couldn't return to the U.S. in time.  

Legal residents who wish to stay abroad for more than one year must apply for a re-entry permit before their plan trips.  However, it is important to note that while an unexpired re-entry permit would allow a green card holder to return to the U.S., it does not preserve her continuous residency for naturalization.  In sum, permanent residents should consult with an experienced immigration attorney and plan their travel carefully in order preserve their residency status and eligibility for citizenship.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule legal consultation.)