How Absences from the U.S. May Delay or Jeopardize Your Naturalization Application

At Sharma Law Associates, LLC, our New York immigration attorney regularly counsels lawful permanent residents preparing to apply for naturalization. While many green card holders focus on preparing for the civics test and gathering documentation, one factor is often overlooked—and can seriously impact eligibility: absences from the United States.

Frequent or prolonged travel abroad, even for valid personal or professional reasons, can disrupt the continuous residence or physical presence requirements for becoming a U.S. citizen. If you’re planning to apply for naturalization, it’s critical to understand how time spent outside the U.S. can delay or even jeopardize your application.

Continuous Residence: A Foundational Requirement for Naturalization

To qualify for naturalization, most applicants must demonstrate continuous residence in the United States for at least five years before filing (or three years if married to a U.S. citizen). Continuous residence means maintaining a permanent dwelling in the U.S. and not engaging in travel that signals abandonment of that residence.

Extended absences—especially those lasting six months or more—can break this requirement.

USCIS will presume that a trip of six months to one year interrupted your continuous residence unless you present substantial evidence to the contrary, such as:

·       Proof of maintaining a U.S. job, home, or family ties.

·       Continued payment of U.S. taxes.

·       Documentation showing a temporary nature for the absence.

If the absence exceeds one year, continuous residence is generally deemed broken, and you may need to restart the required residency period before applying.

Physical Presence: A Separate but Related Requirement

In addition to continuous residence, naturalization applicants must also meet physical presence requirements. You must have been physically present in the U.S. for at least 30 months out of the last 60 months (or 18 months out of the last 36 if applying under the three-year rule).

Frequent trips abroad can add up and cause applicants to fall short of this threshold, even if no single trip was problematic. At Sharma Law Associates, LLC, we help clients review their travel history to ensure they meet this essential metric before applying.

Reentry Permits Don’t Protect Naturalization Eligibility

Some green card holders obtain reentry permits to preserve permanent resident status during long trips abroad. However, it’s essential to understand that these permits do not preserve continuous residence for naturalization purposes. While a reentry permit may help you maintain your green card, it does not prevent the consequences of extended absences when seeking U.S. citizenship.

How We Help You Avoid Delays or Denials

If you’ve taken trips abroad of significant length or frequency, your case may require a detailed legal strategy to mitigate the impact on your eligibility.

At Sharma Law Associates, LLC, our immigration attorney can help you:

·       Analyze travel history and determine eligibility.

·       Gather evidence to rebut USCIS presumptions.

·       Develop a long-term plan for meeting residence and presence requirements.

·       Represent you during the naturalization process if issues arise.

Speak With a New York Naturalization Attorney Today

Don’t let a well-meaning trip abroad derail your journey to U.S. citizenship. If you have questions about absences from the U.S. or your eligibility for naturalization, contact Sharma Law Associates, LLC at 646-760-6339, reach out online, or schedule a consultation today. We’re here to help you prepare with confidence and avoid unnecessary setbacks.