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April 02, 2005

Residency requirement for naturalization

Today I spoke to a client who has been outside of the U.S. for over six months but less than one year while his application for naturalizaion has been pending with CIS (Citizenship and Immigration Services). He wanted to know if he has lost his case for naturalization. To answer the question you have to look at Residence which is defined as the place of general abode which means one’s principal, actual, dwelling place in fact, without regard to intent and an absence of more than six months but less than one year raises a rebuttable presumption of abandonment of continuous residency for naturalization purposes. The burden is on the alien to show by a preponderance of evidence that the continuous residence requirement has been met. Also, the alien’s intent, as manifested by objective evidence, is determinative. There are some exceptions to this rule for certain limited classes of persons.
If you are near the six month limit you need to inquire if you fall into the exceptions or you need to return to the U.S.

Posted by VisaLawyer at April 2, 2005 08:33 AM


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