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Jaime_Jaime

Continuous Residence Requirement After Living in the States for 10 Years

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I moved to the US on a spouse visa almost 10 years ago. During those 10 years, we lived continually in the US, owned/rented property, and I have continuously worked in the States. 

Recently I decided to apply for citizenship and submitted my N400 form, had the biometrics appointment and now I am waiting for my interview somewhere in mid-March 2020.

 

Unfortunately, my dad's health status declined recently and I would like to fly home (outside of US) be beside him.    

I have read about the Continuous Residence Requirement clause on the USCIS website: https://www.uscis.gov/us-citizenship/citizenship-through-naturalization/continuous-residence-and-physical-presence-requirements-naturalization and it got me a bit confused. 

 

My questions are:

-- Considering I have lived here for so long, does this apply to a long-standing green card holder?

-- I will keep my job in the US and still own a property here. Can I leave for a long period (potentially more than 6 months) without holding off my naturalization?

-- In the "Continuous Residence and Physical Presence Requirements for Naturalization" they discuss only about the requirements before applying, do those restrictions apply also AFTER applying? now that I have applied, can I go and aid my dad even if it will take months. 

 

Thanks for your time and insights.

 

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Hi @Jaime_Jaime hope your dad recovers soon. 

I read in a few posts about this and the conclusion was that both physical and continuous presence requirements always apply before you file N400.

Now, if you have a green card and plan to leave US for an extended period of time, closer to 6 months or more than that, it is highly recommended to apply for advanced parole. Otherwise, CBP officers can give you a hard time at point of entry. It's just safer.

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On 2/20/2019 at 4:03 PM, Jaime_Jaime said:

I moved to the US on a spouse visa almost 10 years ago. During those 10 years, we lived continually in the US, owned/rented property, and I have continuously worked in the States. 

Recently I decided to apply for citizenship and submitted my N400 form, had the biometrics appointment and now I am waiting for my interview somewhere in mid-March 2020.

 

Unfortunately, my dad's health status declined recently and I would like to fly home (outside of US) be beside him.    

I have read about the Continuous Residence Requirement clause on the USCIS website: https://www.uscis.gov/us-citizenship/citizenship-through-naturalization/continuous-residence-and-physical-presence-requirements-naturalization and it got me a bit confused. 

 

My questions are:

-- Considering I have lived here for so long, does this apply to a long-standing green card holder?

-- I will keep my job in the US and still own a property here. Can I leave for a long period (potentially more than 6 months) without holding off my naturalization?

-- In the "Continuous Residence and Physical Presence Requirements for Naturalization" they discuss only about the requirements before applying, do those restrictions apply also AFTER applying? now that I have applied, can I go and aid my dad even if it will take months. 

 

Thanks for your time and insights.

 

If the absence is 1 off and have genuine reasons to be outside... and you can prove that you had ties to the US like ongoing mortgage, insurance, credit card payments etcetra.. then it should be fine...

 

An applicant may overcome the presumption of loss of his or her continuity of residence by providing evidence to establish that the applicant did not disrupt his or her residence. The evidence may include, but is not limited to, documentation that during the absence: [12] 

 

The applicant did not terminate his or her employment in the United States or obtain employment while abroad.

The applicant’s immediate family remained in the United States.

The applicant retained full access to his or her United States abode.

 

From https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD-Chapter3.html

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