G B
Nov 16, 2021
Continuous Residence requirement N400
Hi everyone. I'm finding it hard to fully understand the 5 years of continuous residence requirement for applying for citizenship (N400) and was wondering if anyone has had a similar experience to me...
- Sep2014 = Obtained my green card but was living in the UK (I was in college until 2016 and then worked for 2 years) and returned to the US at least every 6 months for 1-2 weeks to visit my parents (and maintain my LPR status).
- Mar2019 = Returned to live in the US full-time.
I've met the physical presence requirement and >5 years as an LPR. But I'm unsure about the continuous residence requirement now... Anyone gone through anything similar?
ADVERTISEMENT
Josh bigoshNov 16, 2021
As I read. You must have 30 months living.in US since you become LPR. Does mean around 900 days.
G BNov 16, 2021
I understand the 30 month "physical presence" requirement. It's the 5 year "continuous presence" requirement that's confusing me.
Lilo PelekaiNov 16, 2021
G D - "5 year continuous presence" means your address was in the US at any given time for 5 years straight minimum and you were physically on US soil during that time.
you might have gone on vacation sometimes but have you lived in the US for minimum 5 years straight? if the answer is yes, then you have fulfilled the requirement. if the answer is no, then not yet. and that time is counted from the moment you submit your application and backward. so, submitting your application in November 2021 would be possible if you've lived in the US continuously since November 2016. (October 2016 to be generously safe. 😂)
in your case, that time spent in the UK disqualifies you for now even if you had the green card at the time already. you were not present in the US. so, that doesn't count. you've been present continuously since 2019. therefore, you will be eligible for naturalization in 2024 provided your residence and you don't move to somewhere outside the US in the meantime.
I hope this helps. and if you're still not sure, an immigration lawyer would be best qualified to answer. 🙂
Car BNov 16, 2021
K ANov 16, 2021
If none of your stay was more than 6 months outside US in the last 5 years, then you have met continuous residence requirement.
Lilo PelekaiNov 16, 2021
CC B- thank you for the links! 👍
K A - thank you. 🙂
B BNov 16, 2021
You haven’t met the continuous residency requirement, not until 2024.
G BNov 16, 2021
Thanks everyone for your help! 😊
Z ENov 17, 2021
you have to have lived in the US for more than 2.5 years out of 5 and not be absent from US for more than 6 months each year. 6 months and 1 day out of the US in any one year and you have a problem
