Qualifying Times for Citizenship

Video Transcript – Part 2:Qualifying Times for Citizenship

U.S. Citizenship

Welcome to the Law Offices of Chris M. Ingram. We’re thrilled to have you back for part two of our video series on U.S. Citizenship. In this presentation, we’re going to talk about the Continuous Residence Rule and how it impacts your eligibility for U.S. Citizenship.
Congress introduced the Continuous Residence Rule to give immigrants time to fully integrate into American life. This period of probation allows individuals to settle, learn English, become familiar with U.S. traditions and institutions, let go of foreign attachments, develop loyalty to the principles of the U.S. Constitution, demonstrate law-abiding behavior, and prove their readiness to be accepted as U.S. citizens.

United States v. Carmean, 174 F.2d 151 (2nd Cir. 1949); United States v. Mulvey, 232 F. 513 (2nd Cir. 1926); In Vasicek, 271 F. 326 (E.D. Mo. 1921); In re Di Giovine, 242 F. 741 (W.D.N.Y. 1917)

Over time, it became clear that some people were using their Green Cards primarily for convenience, residing outside the U.S. for extended periods and only returning to meet the basic eligibility requirements for citizenship. To address this, Congress enacted supplemental legislation in 1952 requiring not just continuous residency but also physical presence in the U.S. for at least half of the qualifying period.
This change, though straightforward in concept, introduced complexities when determining how physical presence should be calculated, as many Green Card holders frequently travel internationally.

1952 Act Savings Clause; States v Menasche, 348 U.S. 528(1955); Medalion v. United States, 279 F2d 162 (2nd Cir. 1960) (same)

The 1952 Act defined residence as being “the place of general abode of a person meaning his principal, actual dwelling place in fact, without regard to intent”. This means it’s not enough to say you intend to live in the U.S. if the bulk of your time is spent elsewhere.
When determining eligibility for U.S. Citizenship, two critical factors must be considered: how long you’ve held legal permanent residency and how much time you’ve been physically present in the U.S. while holding your Green Card. The first part—establishing how long you’ve had a Green Card—is straightforward. The challenging part lies in accounting for any absences from the U.S.

U.S. Immigration will require a detailed and precise accounting of every single day you’ve spent outside the U.S. since obtaining your Green Card. This timeline is critical because it determines whether you meet the physical presence requirement for citizenship. For example, if you’re eligible to apply for citizenship after three years of holding a Green Card, you must have spent at least eighteen months—or half of that time—physically present within the United States.

The six-month rule is a particularly important aspect of this evaluation. It requires that any absence from the U.S. be less than six consecutive months to avoid raising questions about your continuous residency. If you’ve never been away for more than six months at a time, U.S. Immigration generally considers your continuous residency intact.

In our next video, we’ll explore the implications of prolonged absences from the U.S. in greater detail. Be sure to click on part three to continue.

Chris M. Ingram, a U.S. Immigration Attorney, is originally from Northampton, England. He earned his BA (Hons) in Law from De Montfort University, Leicester, UK, in 1994. In 1996, he completed his Post Graduate Diploma in Legal Practice (PGDLP) at De Montfort School of Law, followed by a Master of Laws (LL.M.) from Huddersfield University, UK, in 1998. After relocating to the United States, Chris was admitted to the New York State Bar in 2003 and has been a proud member of the American Immigration Lawyers Association (AILA) since 2004.

Having experienced the U.S. immigration process firsthand with his wife and three children, Chris M. Ingram founded his law firm with a mission to ensure that every client receives the best possible immigration experience. He recognized the need for accessible and comprehensive immigration education, leading him to develop one of the most informative online platforms available today.

The Law Offices of Chris M. Ingram website now features:

• Over 1,000 pages of immigration resources
• Hundreds of educational videos on visa and green card options
• Client success stories and testimonials to inspire new applicants

We continually update and expand our content to keep visitors informed about the latest immigration policies, visa options, and legal strategies.

Chris M. Ingram strongly believes that every potential client deserves a free consultation. This allows individuals to speak personally and confidentially with an immigration specialist about their visa, work permit, or green card options. Our goal is to provide the guidance and expertise needed to help you achieve your American Dream.
We’re delighted you’ve found us, and we look forward to helping you make your immigration journey a reality. You’ve come to the right place!

All videos and content created by the Law Offices of Chris M. Ingram are intended for general informational purposes only and do not constitute legal advice. If you require specific guidance regarding your immigration case, please contact our office for personalized legal assistance.
Additionally, all images used on our website and in our videos are licensed stock images for illustrative purposes only. They do not depict actual clients or staff members unless otherwise noted