RESIDENCY

1. The Immigration Act defines "residence" as "the place of general abode, " which, in turn, is defined as "his principal, actual dwelling place in fact, without regard to intent." 2. Must be a resident continuously for five (5) years after acquired LPR status. If married to USC residency is three (3) years if: USC spouse is a USC for three years. Parties have been married for at least three years. Must be "living in marital union" with spouse. This has been interpreted as meaning actually residing together. Must be physically present for 18 of 36 months in U.S. and 3 months within the state in which applicant filed petition. 3. Must have resided for at least three months within state in which petition filed. NOTE: Three month residency requirement can be satisfied up to date of interview. Not required at time of filing. 4. Must have resided continuously in the U.S. from date petition filed up to time of admission. NOTE: This does not mean physical presence. 5. Must be physically present in U.S. for one half of five years, i.e. 30 out of 60 months.

ABSENCES

1. Absence from U.S. for continuous period of more than one year breaks continuity of residence and is a bar to Naturalization. Applicant may file 4 years and 1 day after return. If married to a USC may apply after 2 years and 1 day. 2. Absences of more than 6 months but less than 1 year is a presumption against compliance with continuous residency that can be rebutted. NOTE: Such absences typically are found by Immigration Courts and INS not to break continuity if applicant states he/she did not intend to abandon residence in the U.S. and that the subjective intent is supported by objective factors. 3. Absences of less than 6 months do not affect continuity of residence.

EXTENDED ABSENCE

1. Applicant can remain out of the U.S. for a continuous period of more than 1 year under certain circumstances: If employed with either one of the following: U.S. Government or persons working under a contract with Government. American Research Institution recognized by Attorney General. An American firm, corporation, etc. engaged in foreign trade in commerce or a foreign subsidiary (more than 50% owned by American firm or corporation). A public international organization in which the U.S. is a member. 2. Must have been physically present and residing in the U.S. for uninterrupted period of at least 1 year after being admitted as LPR. 3. Must apply within 1 year of absence from U.S. 4. Must show that absence is on behalf of Government or for purpose of carrying on scientific research or to be engaged in the development of foreign trade, commerce, etc. 5. File on Form N-470 (Application to Preserve Residence for Naturalization Purposes). 6. Approval of the Application allows the person to be out of the U.S. for over 1 year and not break the residency requirement. 7. However, the benefit of Extended Absence does not relieve the applicant of the need to be physically present for periods required by statute, i.e. 30 months physical presence (see above). 8. Residence for 3 months within state in which petition filed. 9. The N-470 approved absence applies only to the occupations and duties set forth in N-470. If employer or employment changes the applicant must submit new Form N-470.

RE-ENTRY PERMIT (§223 INA)

A re-entry permit allows the resident to leave the U.S. and return within 2 years without abandoning permanent residency. With respect to eligibility to citizenship it allows LPR to maintain residency, however, does not alter the physical residency requirements. A re-entry permit does not preserve the continuity of U.S. residence for purpose of meeting the requirements for Naturalization.

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