Continuous Residence and Physical Presence Requirements Flashcards

A permanent resident who has served honorably in the U.S. armed forces for at least one year may apply for naturalization with:

Answer: No residence or physical presence requirement

Under INA Section 328, honorably discharged veterans who served at least one year can apply for naturalization with no continuous residence or physical presence requirement, though they must still pass the civics and English tests.

Does time spent in the United States on a nonimmigrant visa (e.g., tourist, student) count toward the continuous residence requirement?

Answer: No, only time as a lawful permanent resident counts

Only time spent in the United States as a lawful permanent resident counts toward the continuous residence requirement for naturalization.

Which evidence is most helpful in rebutting a presumption of broken continuous residence caused by a 7-month absence?

Answer: Proof that the applicant maintained U.S. employment, filed taxes, and kept family in the U.S.

To rebut the presumption of broken residence, USCIS looks for evidence of ties maintained to the U.S. such as continued employment, tax filings, a U.S. family home, and other indicators of domicile.

A lawful permanent resident files Form N-400 on June 1, 2026. For the 5-year continuous residence requirement, what is the earliest start date of the statutory period USCIS will examine?

Answer: June 1, 2021

USCIS looks back exactly 5 years from the filing date, so for a June 1, 2026 filing, the relevant 5-year window begins June 1, 2021.

Which of the following absences would be most likely to automatically break continuous residence?

Answer: An 8-month absence with no re-entry permit or N-470

An absence of more than 6 months creates a rebuttable presumption of broken residence, but only a 14-month absence without N-470 or re-entry permit documentation would most clearly support a finding of broken residence; however, an 8-month absence without documentation is the most vulnerable among these options to a disruption finding.

A qualifying spouse of a U.S. citizen who has been a permanent resident for 3 years must also demonstrate physical presence of at least how many months during that period?

Answer: 18 months

Spouses of U.S. citizens using the 3-year rule must demonstrate at least 18 months of physical presence within the United States during the 3-year continuous residence period.

What happens to the continuous residence requirement if a permanent resident relocates their principal residence outside the United States?

Answer: Continuous residence is broken because the applicant has abandoned U.S. domicile

Establishing a principal residence abroad indicates abandonment of U.S. domicile, which breaks continuous residence for naturalization purposes regardless of how frequently the applicant returns.