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Call Us Today

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

Becoming a U.S. citizen is a significant milestone for lawful permanent residents (LPRs). However, applicants must meet several key requirements before applying for naturalization (Form N-400), including continuous residence and physical presence. These requirements help demonstrate an applicant’s commitment to living in the United States and integrating into American society.

At Kasturi Law, LLC, our Illinois immigration attorney helps lawful permanent residents navigate the naturalization process, ensuring they meet the necessary eligibility criteria. Below, we explain the continuous residence and physical presence requirements and how they impact your citizenship application.

Requirements for Naturalization

What is Continuous Residence for Naturalization?

Continuous residence requires that an applicant has lived in the U.S. as a lawful permanent resident (green card holder) for a specific period without extended absences.

The length of continuous residence required depends on the applicant’s basis for naturalization:

  • Five years – Most green card holders must continuously reside in the U.S. for at least five years before applying for naturalization.
  • Three years – If you are applying based on marriage to a U.S. citizen, you must demonstrate three years of continuous residence as a permanent resident.

During this period, applicants should avoid prolonged travel outside the U.S., as extended absences can break continuous residence and delay naturalization eligibility.

What Breaks Continuous Residence?

Certain long absences from the U.S. can disrupt continuous residence, including:

  • Trips of 6 months to one year (more than 180 days but less than 365 days) – This may lead USCIS to presume you abandoned your U.S. residence, and you may need to provide evidence to show you did not intend to leave your permanent residency.
  • Trips longer than one year (365 days or more) – These almost always break continuous residence unless the applicant obtains a re-entry permit before leaving the U.S.

If your continuous residence was disrupted, you may need to restart the residency period before applying for naturalization.

What is Physical Presence for Naturalization?

Physical presence refers to the amount of time an applicant has physically spent inside the United States before applying for naturalization. Unlike continuous residence, which focuses on where you maintain your primary home, physical presence counts the number of days you were present in the U.S.

Applicants must have been physically present in the U.S. for:

  • At least 30 months (two and a half years) out of the five years before applying.
  • If applying based on marriage to a U.S. citizen, at least 18 months (one and a half years) out of the three years before applying.
  • Any time spent outside the U.S. does not count toward physical presence, even if it does not break continuous residence.

Are There Exceptions to the Continuous Residence and Physical Presence Requirements?

Certain applicants may qualify for exceptions to these requirements, including:

  • S. military service members – Those who have served honorably in the U.S. Armed Forces may be eligible for special naturalization provisions.
  • Government employees or contractors working abroad – Some applicants employed by the U.S. government, research institutions, or recognized international organizations may be eligible for a waiver.
  • Spouses of U.S. citizens working abroad – Spouses of U.S. citizens stationed abroad for employment (such as military or government jobs) may be able to apply for expedited naturalization.

How Our Illinois Immigration Attorney at Kasturi Law, LLC Can Help

At Kasturi Law, LLC, we help Illinois green card holders understand and meet U.S. citizenship requirements.

Our firm can:

  • Evaluate your eligibility for naturalization based on your travel history.
  • Help you document your continuous residence and physical presence to avoid issues.
  • Assist in cases involving long absences or potential abandonment of residency.
  • Prepare your N-400 application correctly to minimize delays and denials.

If you are considering U.S. citizenship and want to ensure you meet the continuous residence and physical presence requirements, we are here to help. Contact our Illinois immigration law firm today to schedule a consultation. 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.