Does Traveling to Cuba for Family Visit Affect Naturalization

When applying for U.S. citizenship via naturalization, English and civics tests get much of the attention. Simply permanent residents oft exercise not understand how travel abroad can affect their eligibility for naturalization.

Two related but separate requirements, continuous residence and concrete presence, must be satisfied for one to be eligible to file Form N-400, Application for Naturalization. Excessive travel abroad can adversely affect eligibility. Excessive travel can include one long trip or the aggregating of several trips over the period that precedes your admission equally a U.Southward. citizen.

Continuous Residence

Continuous residence means that the applicant has maintained residence within the United States for a specified menstruation of fourth dimension. An bidder must have continuous residence in the U.s. equally a lawful permanent resident for at least five years immediately preceding the appointment of filing N-400, Awarding for Naturalization. The continuous residence requirement is adjusted to three years for an applicant filing as a permanent resident married to a U.Due south. denizen. For sure military applicants, immigration law completely waives the requirement.

The purpose of the continuous residence requirement is to institute the applicant'due south 18-carat intent to integrate with American society and not just have advantage of the benefits of U.Southward. citizenship. USCIS wants to know that the applicant truly wants to get a citizen. The continuous residence requirement helps the applicant demonstrate that he or she has begun to integrate with American community and intends to stay in the U.S. long term. So how long can one be absent from the Us?

Disrupting the Continuous Residence Requirement

In full general, the following guidelines utilise for permanent residents who are traveling abroad:

• A trip abroad that is less than 6 months will not disrupt continuous residence.
• A trip abroad of 6-12 months volition probable disrupt continuous residence.
• A trip abroad 12 months or longer will disrupt continuous residence.

USCIS officers are as well well enlightened of the games some people play. They will examine all of the trips taken during the 5 years that precede the filing of the application. USCIS will notice if the applicant has taken multiple trips which announced calculated to take less than six months. (For example, the applicant travels abroad for 5 months and 15 days, returns to the U.S. for 10 ten days, and then leaves again for another 5 months.) The USCIS officer may consider the two separate trips every bit one long trip of more than 10 months.

RECOMMENDED: Continuous Residence and Physical Presence Requirements

Physical Presence

Physical presence means that the applicant has been physically nowadays within the Usa for a specified period of fourth dimension. A permanent resident must take 30 months of physical presence in the United states over the 5 years immediately preceding the engagement of filing North-400, Awarding for Naturalization. The physical presence requirement is reduced to 18 months for permanent residents married to a U.S. citizen (over a three-yr menstruum). And once more the requirement may be waived for certain applicants who accept served the U.S. government.

Unlike continuous residence, physical presence is a cumulative requirement. When calculating physical presence, the permanent resident must combine each solar day that he or she was within the United States. If a permanent resident spends more than time abroad than in the United states, it raises concerns that the U.S. may not be his or her truthful home.

RECOMMENDED: Continuous Residence and Physical Presence Requirements

Summate Continuous Residence & Physical Presence

An N-400 bidder can determine time as a permanent resident by reviewing his or her dark-green card. You can find the engagement that permanent residence condition began on the green card next to "Resident Since." Calculate this manually or start CitizenPath's N-400 Eligibility Quiz.

Notation: If you came to the United States as a refugee, your permanent residence appointment will exist backdated to the day you lot arrived in the U.S. If you were initially in aviary status, information technology will be backdated i twelvemonth.

USCIS will count the mean solar day that an applicant departs from the United states and the solar day he or she returns as days of concrete presence within the United States for naturalization purposes.

Travel as a Permanent Resident

Clearing police force allows lawful permanent residents to travel abroad freely and re-enter the United states with a valid green card. But all-encompassing travel may affect permanent resident status besides as eligibility for U.South. citizenship.

As a rule, permanent residents should not travel exterior the United states of america for periods of six months or more. When a permanent resident spends significant time outside the United States, it may give rise to the notion that he/she has abandoned his/her permanent resident status.

Travel Under Six Months

A permanent resident may more often than not get out the United states and re-enter less than half dozen months later without whatsoever issues. To re-enter he or she must provide valid proof of permanent resident status. Most people may utilise a valid, unexpired permanent resident carte du jour (green card) for re-entry. File Form I-ninety, Application to Replace Permanent Resident Card, to renew a green card that will elapse in half-dozen months or less.

Travel Longer Than Six Months But Less Than a Year

If an applicant is absent from the United States for a flow of more than six months, but less than 1 year, there will be a presumption that he or she has disrupted continuous resident. This includes any absenteeism that takes place prior to filing the naturalization application or betwixt filing and the bidder's admission to citizenship. The applicant will take to demonstrate proof of residence. In other words, the person will take to testify that he/she did not abandon residence in the U.Due south. and that the U.Southward. is the primary identify of residence. Although many applicants accept done this on their own, we recommend that you lot seek the back up and advice of an clearing chaser that can aid you document your case. Examples of evidence may include, but are not limited to documents that show the applicant:

• Did not cease his or her employment in the Us or obtain employment while away.
• Had immediate family who remained in the United States.
• Retained full access to his or her United States residence.

Travel Longer Than One Year

An absence from the United States for a menstruation of one year or more than during the menstruation for which continuous residence is required will intermission the continuous residence requirement. Again, the applicable period includes time prior to and after filing the naturalization application.

What'southward more, if a permanent resident stays outside the U.S. for one twelvemonth or longer without securing a reentry permit, the government may attempt to revoke the person's permanent residence.

A naturalization applicant who is required to establish continuous residence for at least v years and whose application for naturalization is denied due to an absenteeism of one year or longer, may utilise for naturalization four years and one mean solar day later returning to the U.s.a. to resume permanent residence. (An applicant who is subject area to the three-year continuous residence requirement may apply two years and one day later on returning to the United States to resume permanent residence.)

Most attorneys prefer that their clients do not travel away once the applicant has filed Class N-400. However, information technology is possible. If you lot would like to travel outside the United States during the naturalization process or if you plan to travel abroad for a period of half-dozen months are more, please speak to an experienced immigration attorney that can explain the ramifications.

Travel Away Subsequently Filing Grade Northward-400

Many naturalization applicants desire to know if it's permissible to travel abroad afterward filing Form N-400, Application for Naturalization. The simple respond is "yep," but at that place are several considerations. First, you continue to be a permanent resident and take the correct to travel outside the United States, even after filing Course N-400. Simply your absence from the U.Due south. notwithstanding has the potential to interfere with your eligibility and the application process.

Continuous Residence

The continuous residence requirement is yet in upshot. You must have resided continuously in the United States later your permanent residence access for at least five years prior to filing the naturalization application and up to the time of naturalization. (For an applicant applying on the basis of iii years of permanent residence while married to a U.S. citizen, the aforementioned is true. The continuous residence requirement counts up to the time of naturalization.) Therefore, the trip should be short and certainly less than six months in duration.

USCIS Appointments

Some other consideration when traveling abroad after filing Grade N-400 is the obligation to nourish mandatory USCIS appointments. For nigh candidates, there will be iii key appointments: the biometrics engagement, the naturalization interview, and the oath ceremony. While you may typically reschedule these appointments, make every attempt to attend the appointment as scheduled. Missing an appointment and failure to address the absence can lead to a deprival of your awarding. We provide an guess N-400 fourth dimension line that outlines the steps subsequently filing Form Due north-400. However, USCIS schedules these appointments and may deviate from the estimated fourth dimension line.

Exceptions to Continuous Residence and Concrete Presence Requirements

There are special provisions in the law that exempt members of the U.South. military, certain concern travelers, religious workers, government employees, and researchers for a U.South. enquiry agency, from the continuous residence requirement. This allows sure individuals to maintain eligibility for U.South. citizenship despite travel abroad for long periods.

Such applicants must file a Form N-470, Application to Preserve Residence for Naturalization Purposes. You lot must meet the following criteria to qualify for Form N-470:

• The applicant must have been physically present in the United states of america as a lawful permanent resident for an uninterrupted period of at least 1 year prior to working abroad.
• The application may exist filed either before or after the applicant's employment begins, but before the applicant has been abroad for a continuous menses of 1 yr.

In improver, the applicant must have been employed:

• With or under contract with the U.S. regime or an American establishment of research recognized every bit such by the Attorney General;
• By an American business firm or corporation engaged in the evolution of U.Due south. foreign merchandise and commerce, or a subsidiary thereof if more l percent of its stock is endemic by an American firm or corporation; or
• By a public international organization of which the The states is a member past a treaty or statute and by which the applicant was not employed until after becoming a lawful permanent resident.

If you believe that you may run across these criteria, contact an experienced clearing attorney to hash out your options.

About CitizenPath

CitizenPath provides simple, affordable, step-past-step guidance through USCIS immigration applications. Individuals, attorneys and non-profits apply the service on desktop or mobile device to prepare immigration forms accurately, avoiding costly delays. CitizenPath allows users to try the service for complimentary and provides a 100% coin-dorsum guarantee that USCIS will approve the application or petition. We provide support for Green Card Renewal (Form I-90), the Citizenship Application (Form N-400), and several other immigration forms.

Note to Reader: This post was originally published on March 10, 2015, and has been modified with improvements.

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Source: https://citizenpath.com/travel-abroad-affects-citizenship-eligibility/

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