Secure Your Path to U.S. Citizenship

Navigate Absences with Confidence

Welcome back to the Law Offices of Chris M. Ingram! We’re thrilled to guide you through Part 3 of our U.S. Citizenship video series. Today, we’ll tackle how prolonged absences from the U.S. impact your citizenship eligibility and empower you to master the Continuous Residence Rule.

Absences Between Six and Twelve Months

Spending over six but under twelve months abroad? U.S. Immigration will evaluate if this extended absence disrupts your continuous residency—a critical requirement for citizenship. Breaking this rule could delay your eligibility, pushing back your American Dream. While absences under six months typically preserve residency, longer absences require careful attention to stay on track.

Understand Green Card vs. Citizenship Requirements

It’s vital to distinguish two key evaluations:

• Green Card Retention: Can you maintain your permanent residency status?

• Citizenship Eligibility: Does your absence affect your continuous residency for citizenship?

Confusing these can jeopardize your immigration status or delay naturalization. As a Green Card holder, you can stay abroad up to 12 months without risking residency, provided you:

• Avoid claiming nonresident status for tax purposes.

• Refrain from actions like selling your home or ending a lease that suggest abandoning U.S. residency.

For citizenship, absences between six and twelve months require proof that you maintained continuous residence, such as:

• Evidence you kept U.S. employment.

• Documentation showing immediate family stayed in the U.S.

• Proof you retained full access to your U.S. home or apartment.

• Confirmation you didn’t accept employment abroad.

Disrupting continuous residency is possible without jeopardizing your Green Card, so understanding this distinction is key. (8 C.F.R. § 316.5(c)(1)(ii) Amended 9/24/93; 58 FR 49913)

Absences of Twelve Months or More

Absent for a year or longer? Without prior U.S. Immigration approval, your continuous residency is presumed broken, significantly delaying your citizenship application. *United States v. Larsen, 165 F.2d 433 distinctive for citizenship. United States v. Larsen, 165 F.2d 433 (2nd Cir. 1947); Schwartz v. United States, 121 F.2d 225 (9th Cir. 1941); In re Rothschild, 57 F. Supp. 814 (S.D.N.Y. 1944); United States v. Menichelli, 65 F. Supp. 738 (M.D. Pa 1946)

Rebuild Your Residency Clock

If an extended absence breaks your continuous residency, the clock resets. You’ll need to re-establish residency before applying for citizenship:

• Five-Year Track: Wait at least four years and one day after returning to the U.S.

• Three-Year Track: Wait two years and one day. (8 C.F.R. § 316.5(c)(1)(ii) Amended 9/24/93; 58 FR 49913)

Plan your absences carefully to avoid these delays and keep your citizenship journey on track.

Move Closer to Your American Dream

In Part 4, we’ll wrap up with the powerful benefits of U.S. Citizenship. Click to watch and take the next step toward your future!

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