info@kasturilaw.com

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630-392-8101 | 630-392-8101
29 South Webster Street, Suite 370 Naperville,
IL 60540

Call Us Today

630-392-8101 | 630-392-8101
info@kasturilaw.com

Becoming a U.S. citizen is a significant milestone for many immigrants, and the process involves meeting specific legal requirements. Among the most critical are the continuous residence and physical presence requirements. At Kasturi Law LLC, we help Illinois residents navigate these rules to ensure a successful path to citizenship. Here, we provide a detailed overview of these requirements, common challenges, and how our team can assist you.

What is Continuous Residence?

Continuous residence refers to the applicant’s consistent living in the United States as a lawful permanent resident (LPR)—or Green Card holder.

For most naturalization applicants, this means:

  • Five Years of Continuous Residence: If you are applying based on general eligibility, you must have lived in the U.S. as an LPR for at least five years before filing your naturalization application.
  • Three Years for Spouses of U.S. Citizens: If you are applying based on marriage to a U.S. citizen, the requirement is reduced to three years of continuous residence.

Key Points to Remember:

  • Absences Matter: If you leave the U.S. for more than six months but less than one year, you may disrupt your continuous residence unless you provide evidence that you did not abandon it.
  • Absences Over One Year: Any one year or more absence automatically breaks continuous residence, requiring you to restart the clock before becoming eligible to apply for naturalization.

Residence and Physical Presence Requirements for Naturalization

What is Physical Presence?

Physical presence refers to the total number of days you have been physically present in the United States.

The requirements include:

  • Half of the Required Period: Applicants must be physically present in the U.S. for at least half of the required continuous residence period. For general applicants, this means 30 months out of the last five years; for spouses of U.S. citizens, it is 18 months out of the previous three years.
  • No Exceptions for Brief Visits: Time spent outside the U.S. cannot count toward physical presence, even if the trip was short or for valid reasons.

Common Challenges and Solutions

  • Extended Absences:
    • Problem: Long absences from the U.S. can raise red flags and disrupt continuous residence.
    • Solution: Provide strong evidence that you maintained ties to the U.S., such as owning property, paying taxes, or having close family members residing here.
  • Frequent Travel:
    • Problem: Applicants with frequent travel may struggle to meet the physical presence requirement.
    • Solution: Carefully calculate your time in and out of the U.S. before applying. Using a travel log or professional assistance can help avoid errors.
  • Re-Entry Permits:
    • Problem: Some LPRs fail to secure a re-entry permit before extended trips.
    • Solution: A re-entry permit allows you to remain abroad for up to two years without abandoning your residency.

How Kasturi Law, LLC Can Help

Meeting the continuous residence and physical presence requirements can be challenging, but you don’t have to navigate the process alone.

At Kasturi Law LLC, we:

  • Review Your Travel History: We help you calculate your time in the U.S. to ensure you meet the physical presence requirement.
  • Document Your Continuous Residence: Our team assists in gathering evidence to prove your ties to the U.S. during extended absences.
  • Address Unique Situations: We provide tailored guidance for complex cases from military service to employment abroad.

Our Illinois-based immigration attorneys are committed to helping clients achieve their dream of U.S. citizenship. With personalized service and extensive experience, we ensure your naturalization application is thorough and well-prepared.

If you’re ready to start your journey toward U.S. citizenship, contact our immigration law firm today. Let us help you navigate the requirements and achieve your goals with confidence.

Whether you prefer an in-person meeting, a phone call, or a Zoom session, we are here to accommodate you. You can even schedule a consultation directly using our online calendar, choosing between 30-minute or 60-minute timeframes.