USCIS Issues Policy Guidance on the Effect of Breaks in Continuity of Residence on Eligibility for Naturalization

USCIS issued policy guidance in the USCIS Policy Manual to address naturalization applicants’ absences from the United States of more than six months but less than a year during the statutorily required continuous residence period. This policy is effective February 26, 2020; the closing date for comments has been extended to March 26, 2020.

Policy highlights include:

• Clarifies that naturalization applicants absent from the United States during the statutory period for more than 6 months but less than 1 year, must overcome the presumption that the continuity of residence has been broken in order to remain eligible for naturalization.
• Clarifies that an applicant who USCIS determines to have broken the continuity of residence must establish a new period of continuous residence; the requisite duration of that period depends on the basis upon which the applicant seeks to naturalize.

Related Resources

• USCIS Issues Policy Alert on Defining “Residence” in Statutory Provisions Related to Citizenship
• Tracking USCIS Policy Manual Changes