Continuity of Residence: Key Insights into Legal Residency Requirements
Definition & Meaning
Continuity of residence refers to the requirement that an alien seeking U.S. residency must maintain a continuous physical presence in the country. If an alien is absent from the U.S. for more than one year, this absence will automatically disrupt their continuity of residence. When this disruption occurs, the alien must restart the residency process. While it is possible for an applicant to obtain permission to leave the U.S. during their residency period, it is generally advisable to avoid extended absences.
Legal Use & context
This term is primarily used in immigration law, particularly concerning the residency application process for aliens. It is crucial for applicants seeking to establish permanent residency (a green card) in the United States. Understanding continuity of residence is essential for managing the residency timeline and ensuring compliance with U.S. immigration regulations. Users can utilize legal templates from US Legal Forms to navigate the residency application process effectively.
Real-world examples
Here are a couple of examples of abatement:
Example 1: An alien who has been living in the U.S. for two years leaves for a job assignment abroad and returns after 15 months. Their absence exceeds one year, resulting in a break of continuity. They must begin the residency application process from the start.
Example 2: An applicant receives permission to travel for a family emergency but returns to the U.S. within six months. Their continuity of residence remains intact, allowing them to continue with their residency application.