Preserving U.S. Residence for Naturalization

Among the eligibility criteria a lawful permanent resident (LPR) (commonly known as a “green card” holder) must meet to apply for U.S. citizenship is the requirement to have maintained continuous residence in the United States for a specified period. An extended absence from the U.S. as an LPR therefore has the potential of jeopardizing the LPR’s ability to naturalize. Under certain circumstances, however, the LPR may be able to preserve U.S. residency for naturalization purposes during a prolonged absence if the individual is engaged in qualifying employment abroad.

Continuous Residence Requirement for Naturalization

To be eligible for naturalization, an LPR must demonstrate “continuous residence” in the U.S. for the three- or five-year statutory period, (as applicable to the individual’s filing category), which precedes the application for naturalization and through the citizenship oath ceremony, as explained in the MurthyDotCom InfoArticle, Basic Eligibility Requirements for Naturalization (17.Jun.2024). Occasional temporary trips outside of the U.S. generally do not interrupt an LPR’s continuous residence. A longer absence, however, can result in a breach of residence, thereby requiring the LPR to restart the period of continuous residence for naturalization. An absence from the U.S. of more than six months, but less than one year, results in a rebuttable breach of residence. An absence of one year or more breaches residence and normally cannot be rebutted.

Preserving Residence with Qualifying Employment Abroad

In certain cases, an LPR who will be absent from the U.S. for an extended period can request to preserve U.S. residence for naturalization if the individual will be engaged in qualifying employment abroad. Qualifying employment includes employment with the U.S. government, a recognized American institution of research, an American firm or corporation or qualifying subsidiary that is engaged in the development of U.S. foreign trade and commerce, a public international organization that the U.S. is a member of by treaty or statute, or a religious organization employing the LPR as a qualifying religious worker. A contractual relationship also may be sufficient for employment with the U.S. government or American institution of research.

To make the request, the individual must file an application to preserve residence for naturalization purposes (form N-470), with the U.S. Citizenship and Immigration Services (USCIS). If approved, the extended absence will not breach the LPR’s continuous residence, as long as the LPR maintains the qualifying employment underlying the application. Qualifying dependents who will be accompanying the LPR abroad, including a spouse and child/ren under 21 years old, can be included on the primary applicant’s form N-470.

When to File Form N-470

To file form N-470, the LPR must have been present in the U.S. for at least one uninterrupted year since becoming an LPR. The application can be filed either before or after the qualifying employment abroad begins, but it cannot be filed once the LPR has already been abroad for one uninterrupted year.

Physical Presence Generally Cannot Be Preserved

Naturalization also requires that an individual be physically present in the U.S. for at least half of the applicable three- or five-year statutory period. An N-470 application typically does not preserve an individual’s physical presence, unless the qualifying employment is with the U.S. government or as a religious worker.

Additional Considerations for an LPR

In general, an individual can be deemed to have abandoned LPR status through extended travel outside of the U.S. unless certain precautionary steps are taken, as explained in Part 1 and Part 2 of the MurthyDotCom InfoArticle, Extended Travel by a Permanent Resident. An N-470 does not protect against abandonment of LPR status if the individual does not otherwise maintain ties to the U.S. Additionally, an LPR who has traveled abroad for one uninterrupted year or more typically will need a reentry permit to return to the U.S., even if the individual has an approved form N-470.

Conclusion

For many LPRs, U.S. citizenship is the long-awaited goal of a U.S. immigration journey that is often confusing and frustrating. While the naturalization process can be fairly straightforward, individual circumstances can complicate the process. An individual with questions regarding preserving residence while abroad or general eligibility for naturalization is welcome to schedule a consultation with an experienced attorney at the Murthy Law Firm for assistance.

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