A Guide to Naturalization by U.S. Department of Homeland Security - HTML preview

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in the United States

applicants, such as members of the U.S.

“Physical presence” means that you

Armed Forces serving during designated have actually been in the United

periods of conflict.

States. Most applicants must be

physically present in the United

Other provisions allow a few other types States for a certain number of months to of applicants to remain abroad more

be eligible for naturalization.

than 1 year without disrupting their

continuous residence status. To maintain What is the difference between

their continuous residence while out of

“physical presence” and “continuous

the country, these people must file an

residence”? Physical presence concerns

“Application to Preserve Residence for

the total number of days you were in the

Naturalization Purposes” (Form N-470).

United States during the period required

See the table at the beginning of this

for your naturalization. Continuous

section for more information on who can residence concerns the time you resided use Form N-470 and when it must be

lawfully in the United States without

filed.

any single absence long enough to

“break” that continuity for naturalization

purposes.

“Continuous Residence” Example

• An applicant became a Permanent Resident on January 1, 1994.

• She lived in the United States for 3 years, then returned to her native country for 1 year and 3

months.

• She got a Re-entry Permit before leaving the United States so that she could keep her Permanent Resident status.

• The applicant re-entered the United States with Permanent Resident status on April 1, 1998.

Question: When is the applicant eligible for naturalization?

Answer: On April 2, 2002, 4 years and 1 day after she returned to the United States. The last 364

days the applicant was out of the United States count toward her time as a Permanent Resident in “continuous residence,” but the 3 years in the United States before leaving do not.

A Guide to Naturalization

23

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When counting the total number of

days you have been out of the country,