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  1. #1
    Join Date
    May 2009
    Posts
    4

    Default Continuity of Residence

    Does the absence from the U.S. of less than six months break the alien's continuity of residence ?


    In the chapter Chapter 73 The Eligibility Requirements for Naturalization says:
    (1) Absence of More than 6 Months But Less than 1 Year . If an absence of more than six months but less than one year has occurred during the period for which continuous residence is required prior to the filing of the application for naturalization, or between the filing of the application and the date of any hearing under section 336(a), such absence is presumed to break the continuity of such residence.

    What does absence mean in this case ? Does it mean more then 6 month in a year or for the single trip ? How do you calculate that ?

    If , for example, the alien got the "green card" in January 1996 ,since than lived in US for most of the time , then left US In January 2000 ,came back to US in May 2000,than left again in August 2000 for another 5 months .

    How would it be considered ,keeping in mind that needed physical presence is already reached ?

    Can he/she apply for citizenship by January 2001 in this case ?

    Thank you

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Continuity of Residence

    The statute you cite speaks to a presumption of a break in continuity of residence based upon an absence of more than six months. An absence of less than six months doesn't create the presumption. Two trips of less than six months won't trigger the presumption, although I wouldn't be at all surprised if she's asked about the trips. Although if she's been continually in the U.S. since 2000, they may no longer be particularly interested or concerned.

    Given that it's 2009, she either applied for citizenship back in 2001 or she did not - but there's no way to retroactively file by January, 2001. (Did you mean "after"?)

  3. #3
    Join Date
    May 2009
    Posts
    4

    Default Re: Continuity of Residence

    Quote Quoting Mr. Knowitall
    View Post
    The statute you cite speaks to a presumption of a break in continuity of residence based upon an absence of more than six months. An absence of less than six months doesn't create the presumption. Two trips of less than six months won't trigger the presumption, although I wouldn't be at all surprised if she's asked about the trips. Although if she's been continually in the U.S. since 2000, they may no longer be particularly interested or concerned.

    Given that it's 2009, she either applied for citizenship back in 2001 or she did not - but there's no way to retroactively file by January, 2001. (Did you mean "after"?)

    I gave the imaginative dates and years just to get to understand this system.

    I want to find out if it would be a problem if the applicant makes couple of trips abroad each less then 6 months (but quite long:4-5 months each) right before applying for citizenship ,but already has been in the country before that for a required period of at least 2.5 years ?!

    ps: thanks for your reply.

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