Does a 180-day absence break continuous residence for citizenship eligibility?

Full question:

I am a Green Card holder from 1997. Recently I went to India and returned back after 180 days absence. Whether absence of 180 ( 6 months) breaks the period of continuous residence for the purposes of counting the period of continuous for applying for citizenship. I think the absence of more than 6 months alone ( absence of more than 6 months) alone causes break in the period of continuous residence.

Answer:

An absence of six months or less does not break your continuous residence. However, if you are absent for more than six months but less than one year, there is a "rebuttable presumption" that you have abandoned your continuous residency for naturalization purposes. This means that your intent during your absence is crucial in determining whether you have abandoned your residency.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

USCIS counts 180 days as a continuous period of absence from the United States. This period begins on the day you leave the U.S. and ends on the day you return. If your absence exceeds 180 days, it may trigger a presumption that you have abandoned your continuous residence for naturalization purposes, unless you can prove otherwise.

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