Travel Pitfalls for Naturalization

Are you a permanent resident of the United States? Are you thinking about applying for citizenship? Do you like to travel, or do you have to travel for work? Keep reading then, because this blog contains important considerations to keep in mind.

For a permanent resident thinking about citizenship, there are two important factors, physical presence and continuous residence. Physical presence relates to the number of days you are physically present in the United States. In general, you must be present in the United States for at least half of the time. For most permanent residents, you will have to wait at least five years after becoming a permanent resident to apply for citizenship. When you apply, you will have to show that you have been physically present in the United States for at least 30 of those 60 months. This equates to 913 days. So, you will have to establish that you have been in the US for a minimum of 913 days. What happens if you reach 5 years as a resident but do not have 913 days in the US? Then you would wait until you have been physically present in the US for 913 days over 5 years. For those married to and residing with a US citizen spouse, you are eligible to apply for citizenship after 3 years as a permanent resident. In this case, you must show that you have been physically present for 18 of the prior 36 months.

The next important factor is continuous residence. When applying for citizenship, you must show that you have continuously resided in the United States for the entire 5-year period, or 3 years if you are married to a US citizen. Now some people, for various reasons, will have to be outside the United States for a long time. For example, you have a job that requires a lot of international travel. How do you nonetheless establish continuous residence? The first is your residence. You maintain a physical residence in the United States. The second are the actual ties that establish that you are domiciled or residing in the United States. You pay your taxes in the United States, you have a bank account in the United States, you are employed, and have property. The most devastating thing to show a break in residence is to be outside the United States for too long at any one time. Any absence of more than 6 months is presumed to break your residency. This makes logical sense. Realistically how are you maintaining your residence if you have been gone for more than 6 months? You can however rebut this presumption by establishing evidence that you did not intend to break your residence. For example, you maintained your home, job, etc. during the entire period. Any absence of more than 1 year (365 days) is an automatic break. So, you would have to wait until this 1-year absence drops off your travel history. This is the so-called 4-year and 1-day rule, because then in the 5 years before you apply for citizenship, your longest absence is less than 1 year. Ideally, though, I would recommend waiting until your longest absence is less than 6 months.

Are there exceptions? Yes, one such exception is an application to preserve residence. Certain individuals who will be outside the US can file to preserve their residence. This includes employees under contract with the US government, employees of an American Institution of Research, certain individuals involved with the development of US trade or commerce, as well as individuals involved in religious missions. Spouses of US citizens employed in certain positions are exempt from both physical presence and continuous residence requirements. This includes employees of the US government stationed overseas.

So, yes you are able to travel as a lawful permanent resident, but you must consider certain factors if you want to apply for citizenship. This includes limiting your overall time outside the US and the length of any one trip. What if you are not worried about citizenship right now, but need to leave the US for longer than 1 year? That is where the reentry permit comes into play. The next blog on this website will discuss this important application. In the meantime, if you have any questions, I would be happy to have a consultation. Contact me today.