After receiving a green card, a person for naturalization must have continuously resided in the United States for at least five years before filing their naturalization application. If married to a US citizen, this is three years instead of five years. This five- or three-year period is called the “statutory period.” A person must prove that they meet the continuous residence requirement during the statutory period to get their citizenship.
Long trips outside of the United States can break continuous residence. Generally, there are two ways continuous residence can be broken: (1) a trip of longer than 6 months but less than 1 year; and (2) a trip of 1 year or longer. This article will address both of those possibilities.
Trips Longer than Six Months but Less Than One Year
An absence of more than six months but less than one year during the statutory period creates a rebuttable presumption of a break in continuous residence. Rebuttable means that you can still prove that you did not abandon residence, and you may be eligible for citizenship without waiting. If you can successfully rebut the presumption of a break in continuous residence, you may still naturalize if they meet all other naturalization requirements.
Unfortunately, there is no exception for health or other similar travel restrictions. COVID restrictions have impacted a lot of people, who now might have to wait an additional year to complete the full five years. Applicants who were stuck abroad for more than six months but less than one year during the pandemic due to travel restrictions are still presumed to have broken their continuous residence. However, a person can rebut that presumption.
How can I rebut the presumption of a break in continuous residence?
Evidence to rebut the presumption that residence was broker may include, but is not limited to, evidence that during the absence:
(A) You did not terminate your employment in the United States;
(B) Your immediate family remained in the United States;
(C) You retained full access to your United States housing; and
(D) You did not obtain employment while abroad.
Some examples of documents that could be submitted include your U.S. tax filings; your mortgage or rent payments; your lease or home title; your vehicle title; your household bill payments; your U.S. bank account records; your U.S. based employer paystubs; a letter from your employer confirming that you maintained your during the trip abroad; letters from family and friends confirming that you always intended to return home after travel; an affidavit from you regarding your intention to return home and addressing how unforeseeable circumstances outside of your control that prolonged your trip; and more.
An attorney can help brainstorm and submit evidence to rebut the presumption of a break in continuous residence. Please call Wilson Law Group if you would like assistance in getting citizenship if this situation applies to you.
I couldn’t rebut my presumption of a break in continuous residence. Now what?
If a person is ultimately unsuccessful in rebutting the presumption of a break in continuous residence, he or she must either appeal within 30 days or wait to re-apply for naturalization in the future.
If you choose to wait, the new statutory period begins on the date that you returned from your long trip abroad. In this case, you must wait to re-apply for naturalization until at least six months before reaching the five-year anniversary of the date they returned from the long trip, or three-year anniversary if you are married to a U.S. citizen.
For example, if a person was abroad for more than six months, but less than one year, and returned from that trip on November 1, 2020, he or she will have to wait until at least May 1, 2025* (six months before the five-year anniversary of their return from the long trip abroad), to reapply. This is because they will no longer have an absence of more than six months during the new statutory period.
* If the applicant is a spouse of a U.S. citizen, he or she would have to wait until at least May 1, 2023 (6 months before the 3-year anniversary of their return from the long trip abroad), to reapply.
Trips One Year or Longer
Generally, a person who has taken a trip abroad that lasted one year or more during the statutory period has broken their continuous residence and is NOT eligible for naturalization. A person cannot rebut this presumption. Again, there is no exception for COVID travel restrictions.
If this is the case for you, you must wait until at least four years and one day* after the date of their return to the United States to apply for naturalization. If you wait this amount of time, you will still need to rebut the presumption that they broke their continuous residence. This is because you will have an absence of more than six months but less than one year in the five-year period preceding the filing of the application. Previously in this article, we addressed how you can rebut that presumption.
* Two years and one day for spouses of U.S. citizens
If you instead wait four years and six months* from the date of your return to apply for naturalization, then you will not be subject to any presumption of a break in continuous residence. This is because you will no longer have an absence of six months or longer in the 5-year period preceding the filing of the application.
* Two years and six months for spouses of U.S. citizens
Ultimately, if you were stuck abroad for more than six months during the COVID pandemic due to travel restrictions, you may still be eligible to apply for naturalization. An attorney can help you determine the timeline for your eligibility and present evidence to USCIS to rebut any presumption in a break in continuous residence.
Please reach out to Wilson Law Group at 612.436.7100 for a free consultation to discuss how these scenarios can impact your case.