QUESTION

How much time out of the US breaks continuous residence? Why?

Asked on Apr 23rd, 2015 on Immigration - California
More details to this question:
I want to visit relatives out of the country but do not want to break my continuous residence so I can still apply for citizenship. Will I be ok if I leave for 2-3 months? I have a 1999 green card.
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2 ANSWERS

Immigration Law Attorney serving Atlanta, GA
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Generally a single absence of 180 days or longer creates a (rebuttable) presumption of discontinued residence, and a single absence of a year or longer creates a legal determination of discontinued residence. Even if no single absence is as long as 180 days, if a Permanent Resident is outside of the U.S. more days than he/she is inside the U.S., that person can be regarded as having abandoned residence in the U.S. Based on this, a single absence of 2 - 3 months will not create any problems about continued residence or physical presence for naturalization eligibility. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.
Answered on Apr 29th, 2015 at 1:34 PM

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Intellectual Property Attorney serving Menlo Park, CA at Sheppard Mullin
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Generally 6 months. If you have good cause that can be 12 months.
Answered on Apr 23rd, 2015 at 8:21 PM

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