N-400 Continuous Residence and Physical Presence Requirements 3

Question 1

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

Accepted Answer

No residence or physical presence requirement

Answer

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.

Question 2

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

Accepted Answer

No, only time as a lawful permanent resident counts

Answer

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

Question 3

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

Accepted Answer

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

Answer

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.

Question 4

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?

Accepted Answer

June 1, 2021

Answer

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.

Question 5

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

Accepted Answer

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

Answer

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.

N-400 - Application for Naturalization Practice Test

N-400 - Application for Naturalization Practice Test

N-400 Continuous Residence and Physical Presence Requirements 3