Immigration Law

Attention Frequent-Flyer Residents!

Generally, a lawful permanent resident (LPR) must have continuous residence in the United States for five years (or 3 years if married to a U.S. citizen) in order to be eligible for citizenship. Continuous residence in the United States does not mean that an LPR cannot leave the country for the entire five years (or three years if married to a USC) in order to qualify for citizenship. On the contrary, LPR's can travel freely without the hassle of obtaining a visa from the United States Citizenship and Immigration Service. However, LPR's must make sure they do not face the problem of abandoning the continuous physical presence requirement.

An LPR may be deemed to have disrupted the "continuous residence" requirement if the LPR travels out of the United States a few times a year, or if an LPR is outside of the country for over six months. If an LPR continuously maintains a residence in the United States but is physically outside of the United States for over a year, the Department of Homeland Security (DHS) may decide that the continuous residence has been abandoned. If an LPR has not properly maintained the continuous physical residence requirement, and the DHS determines that an LPR has abandoned his or her residency, DHS can refuse an LPR back into the United States.

Attention all frequent-flyer residents: Make sure your trips abroad are for short periods of time. Please note that the continuous physical residence requirement is one requirement that must be satisfied to qualify for citizenship. There are other requirements that must be met in order to establish citizenship eligibility. Please contact us if you would like to begin your citizenship process.

From Immigration-Law-Answers-Blog posted 2007-12-07.