Continuous Residence
Applicants are required to show that they have:
- Resided continuously in the U.S. for five years before applying, , or
- Resided continuously in the U.S. for three years in the case of qualified spouses of U.S. citizens,
“Continuous residence” means that the applicant has maintained residence within the United States for the required period of time shown above.
Extended absences outside of the U.S. may disrupt an applicant’s continuous residence.
- Absences of more than six months but less than one year may disrupt an applicant’s continuous residence unless the applicant can prove otherwise.
- Absences in excess of one year or more may disrupt an applicant’s continuous residence
Physical Presence
Applicants are required to show that they were:
- Physically present in the U.S. for thirty months within the five year period before applying, or (see legal basis)
- Physically present in the U.S. for eighteen months within the three year period before applying in the case of qualified spouses of U.S. citizens (see legal basis)
In addition, applicants are required to show they have resided for at least three months immediately preceding the filing of
Form N-400 in the USCIS district or state where the applicant claims to have residency (See 8 CFR
§316.2(a)(5) &
§319.1(a)(5)).
Exceptions
- The United States government, including the Military
- Contractors of the United States government
- A recognized American institution of research
- A public international organization
- An organization designated under the International Immunities Act
An organization may obtain USCIS recognition as an American institution of research for the purpose of preserving the continuous residence stay