How Does Inconsistent Residency Affect Eligibility for Naturalization?

 Posted on April 07, 2020 in Immigration

Immigration can be a complicated and lengthy process, with many legal steps to complete. The United States Citizenship and Immigration Services (USCIS) is a division of the United States Department of Homeland Security (DHS). USCIS manages the naturalization and immigration system for the country. This includes processing and adjudicating different matters, including applications for work visas, asylum, and citizenship. The agency is also tasked with safeguarding national security, eliminating immigration case backlogs, and improving efficiency. The USCIS Policy Manual is an online archive for the agency’s immigration policies. Recently, USCIS added an update to the manual to clarify the requirements surrounding naturalization applicants’ absences from the United States.

LPR Requirements

Lawful permanent residence (LPR) means a non-citizen is authorized to work and live in the United States on a permanent basis. As proof of that status, that person is issued a permanent resident card, also known as a Green Card. Anyone who wishes to immigrate to the United States is not eligible until he or she completes the required time period of continuous residence as a lawful permanent resident.

A naturalization applicant typically must reside for a continuous period in the United States after his or her LPR admission for at least 5 years prior to filing the naturalization application. In addition, he or she must reside here until the application is accepted. According to the law, if an applicant is away from the United States 6-12 months during the statutory period, he or she is assumed to have broken the continuity of this residence. USCIS adjudicators are responsible for determining whether naturalization applicants have broken their continuous residence when reviewing naturalization applications.

Policy Manual Update

The policy update affects absences of greater than six months but less than one year during the legally required period for continuous residence. The policy amendment clarifies the following requirements for naturalization:

• An applicant who was absent from the United States for six months or longer but less than one year must overcome the presumption that he or she has broken his or her continuous residence in the United States.
• An applicant who breaks the continuity of residence in the United States must establish a new term of continuous residence, the duration of which depends on the grounds for naturalizing.

Contact an Illinois Immigration Attorney

People who wish to come to the United States must meet the necessary legal requirements. If you or your loved one is hoping to enter the country lawfully, it is important to understand the qualifications you need in order to complete the immigration process. At the accomplished Mevorah & Giglio Law Offices, we are prepared to help you achieve your dream of a new life. That is why it is crucial that you consult with our dedicated Illinois immigration lawyers as soon as possible. To schedule your free consultation, call us today at 630-932-9100.