Continuous Residence and Physical Presence Requirements Flashcards
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How many years of continuous residence as a lawful permanent resident are generally required before filing Form N-400?
Answer: 5 years
Most applicants must maintain continuous residence as a lawful permanent resident for at least 5 years before applying for naturalization.
What is the minimum physical presence requirement for applicants under the general 5-year rule?
Answer: 30 months
Applicants under the 5-year rule must have been physically present in the United States for at least 30 months out of the 5 years before filing.
An absence from the United States of how long is presumed to break continuous residence?
Answer: More than 12 months
An absence of more than one year (12 months) creates a presumption that continuous residence has been broken and resets the continuous residence clock.
How long must an applicant have lived in the USCIS district or state where they file their N-400 immediately before filing?
Answer: 3 months
An applicant must have resided in the USCIS district or state in which they are filing for at least 3 months immediately preceding the filing of Form N-400.
Which government benefit, if granted, allows a permanent resident to preserve their continuous residence during an extended absence abroad?
Answer: N-470 approval
Form N-470 (Application to Preserve Residence for Naturalization Purposes) allows eligible residents employed abroad to preserve their continuous residence for naturalization.
For applicants married to and living with a U.S. citizen spouse, what is the reduced continuous residence requirement?
Answer: 3 years
Spouses of U.S. citizens who have been living in marital union with their citizen spouse may apply after just 3 years of continuous residence as a permanent resident.
An absence from the U.S. of more than 6 months but less than 1 year during the statutory period:
Answer: Raises a rebuttable presumption of broken residence
An absence of 6 to 12 months raises a rebuttable presumption that continuous residence was disrupted, but the applicant may provide evidence to overcome this presumption.