Blog

RECENT POSTS

Tags

#realestateattorney A fiancé visa or a spouse visa application for italian citizenship Application steps Apply for Italian Citizenship Online apply visa attorney in Los Angeles attorneyatlaw attorneys at law B-1 Visa B-2 Visa B1/B2 visa B1/B2 Visa to a Student Visa benefits of US B1 visa best business lawyers for startup in Los Angeles best business lawyers in California best citizenship lawyers in the US best corporate attorney in Los Angeles. best eviction lawyer in Los angeles Best immigration aatorneys in the US best immigration consultancy in los angeles best immigration lawyers in 2024 best immigration lawyers in 2024n best immigration lawyers in Italy best Italian corporate lawyers best lawyer best real estate attorney near you best real estate lawyers in the US best visa lawyer near me Business business attorney in California business attorney in Los Angeles business contarcts Business in the US as a Non-Citizen with a B1/B2 Visa Business lawyer in California Business Lawyer in Los Angeles business lawyers Business lawyers in California business lawyers in Los Angeles business lawyers in losangeles business lawyers in the US business transactions in California business transactions in Italy Business visas buying property in italy buying property in italy 2023 Buying Property in Italy with US Citizenship california business lawyers California immigration lawyers changing US B1/B2 visa into work visa citizenship lawyers in the US commercial lawyer in California Commercial Property Loans in the US Commercial Real Estate Attorneys commercial real estate lawyers contarct lawyer contract and company law attorney contract attorneys contract law convert US visitor visa to student visa Converting Your B1/B2 Visa to a Student Visa in the U.S coporate contract lawyers coprorate lawyers coprorate lawyers in los angeles Corporate Attorney Corporate attorney in Los Angeles corporate attorneys in los angeles corporate contract attorneys Corporate contract law corporate contract lawyer corporate contract lawyers corporate contract lawyers in los angeles corporate contract lawyers in US Corporate Contracts corporate contracts lawyer Corporate Law Firm in the USA corporate lawyer in los angeles corporate lawyers Cross-Border Property Transaction defenseattorney DI MARTINO LAW GROUP diffrences between Litigator vs. Lawyer Document Replacement drafting contract dual citizenship lawyers E-2 Treaty Investor Visa E1 visa E2 and L1 Visa E2 visa E2 visa attorney in Los Angeles e2 visa lawyer E2 visa lawyers Easements: In Gross vs. Appurtenant EB-5 visa EB-5 visa lawyers elective residence visa elective residence visa for Italy elective residence viss for Italy Employment Authorization Eviction in Los Angeles F1 B visa F1 Visa or B1/B2 Visa: fiance visa Florida Real Estate Lawyers foreign investors foriegners buying property in italy in 2023 Form N-565 green card Green Card Application green card denial Green Card for Parents green card processing time Green card visa Gross vs. Appurtenant H-1B visa H-1B visa holder H-2B Visa H-2B visa worker H1 and H1-B Visas H1 B Visa H1b visa H1B visa applying process H1B Visa Expiration Date h1b visa lawyer H1B visa lottery h1b visa lottery 2024 H1B visa lottery in 2024 H1B Visa Process H1B visas in the U.S H4 EAD help for visa IItaly elective residence visa immigrant visa immigrant visa in 2024 immigrastion lawyer in the US Immigration immigration and naturalization process immigration attorney immigration attorney in los anegeles Immigration attorney in Los Angeles Immigration attorneys Immigration Attorneys in California immigration attorneys in Los Angeles immigration attorneys in the US immigration attorneys in US immigration attorneys in usa Immigration Forms Immigration law services in the US immigration lawuers in the US immigration lawyer immigration lawyer in California immigration lawyer in Los Angeles immigration lawyer in the US Immigration lawyer near me immigration lawyers immigration lawyers for green card process immigration lawyers in california immigration lawyers in italy immigration lawyers in los angeles immigration lawyers in the US immigration lawyers in US Immigration Options Immigration requirements international business agreements international business attorneys international business lawyers international law attorney international real estate attorneys International Real Estate Lawyer interrnational business lawyer Invest in San Antonio Real Estate Investing in US Real Estate investing in US real estate as a Foreigner or Immigrant Investment opportunities italian business law Italian citizen through great grandparents italian citizenship Italian citizenship by descent italian citizenship lawyers italian citizenship through descent italian citizenship through grandparents italian citizenship through marriage italian corporate contracts lawyer Italian corporate lawyer Italian Corporate Lawyers Italian Elective Residence Visa Italian Elective Residency Visa Italian immigration attorney italian immigration attorneys Italian immigration lawyer near me Italian immigration lawyers Italian lawyer for US immigration italian lawyers Italian lawyers for dual citizenship Italian Real Estate Lawyers italian visa lawyers italian work visa 2023 Italy seasonal work visa 2023 update J-1 visa holders J-1 visa holders in the United States J1 Visa Waiver K-1 Visa K-1 visa holder L2 visa holder L2 visa holder in the USA L2 visa lawyers Law Law for visa law services in the US Lawyer in LA lawyer vs. litigation Legal Documentation Litigator vs. Lawyer los angeles business lawyers Los Angeles real estate expertise Los Angeles real estate investment low firm naturalization lawyers naturalization lawyers in los angeles naturalization lawyers in losangeles Naturalization Process in 2023 Non-Immigrant Visas Our Adviser permanent residence visa Project property investment property law purchasing italian attorney purchasing property in italy purchasing real estate real eastate aatorneys Real estate attorney in Florida real estate attorney in the US Real Estate Attorneys Real Estate Attorneys in Florida real estate attorneys in los angeles real estate in Florida in 2023 real estate invesment in los angeles real estate investment real estate investment in florida real estate investment in Los Angeles real estate investment in the US real estate investment in the USA real estate investment in usa real estate investment lawyers in the US real estate investments in the US real estate investors real estate lawyer Real estate lawyer in America real estate lawyer in los angeles real estate lawyers real estate lawyers in America real estate lawyers in florida real estate lawyers in the US real estate lawyers in US Real estate management Real estate property management real estate property management in Los Angeles realestateagent realestatelawyer Reason for visa refusal remote employment in the US Remote US Job Applications Skilled Visa Lawyer near Los Angeles small business lawyers small business lawyers in los angeles small business lawyers in the US spouse visa student visa Trade visas Travel Documentation U.S. tourist visa applications U.S. Tourist Visa Updates U.S.-Italian Dual Citizenship Undocumented Immigration US B1/B2 visa US Citizenship US citizenship lawyers us citizenship process US Immigration US immigration lawyers us investment visa US visitor visa USA B1 Visa USA B1/B2 visa USA Visa visa appliaction process visa application process visa lawyers visa lawyers in los angeles visa lawyers in the US visa lawyers near me Visa Transition Guide Visitor Visa why hire a naturalization lawyer work visa

SUBSCRIBE

Understanding the Residency Requirement for US Citizenship and Exceptions
  • dimartinolaw
  • 0 Comments
  • 566 views
  • May 3, 2023

Understanding the Residency Requirement for US Citizenship and Exceptions

For individuals looking to become U.S. citizens, there is a continuous residency requirement that must be met before the citizenship application can be submitted. This requirement means that the individual must have been a legal permanent resident, or green card holder, in the United States for a certain amount of time before they can apply for citizenship.

In this blog, we will explore the residency requirement and the exceptions that exist for those seeking citizenship, as explained by an experienced Italian immigration attorney.

Applications for Naturalization and the Continuous Residence Requirement

Applying for citizenship in the United States requires an individual to have lived in the country under legal permanent resident status for at least five years. The application can be filed under the guidance of an Italian immigration attorney.  The date on which an individual became a legal permanent resident will be noted on their green card. If an individual had conditional resident status prior to permanent resident status, they can count the two years they spent as a conditional resident toward the five-year residency requirement, assuming that they became a permanent resident when the two-year period ended.

There are some exceptions to the five-year rule, which means that an individual may be able to apply for citizenship sooner or later than the five-year requirement. However, if an individual does not meet the other requirements for citizenship once the five-year period expires, they may need to wait longer than five years.

Submit an application up to 90 days

An individual may submit their naturalization application up to 90 days before their five-year residency period elapses through an Italian immigration attorney. This is because the United States Citizenship and Immigration Services (USCIS) requires time to process the application, schedule fingerprinting appointments, and conduct official interviews and citizenship tests. Even after an individual completes all of these steps, USCIS will still require more time to make a final decision on their application.

Exceptions for Foreign Nationals Married to U.S. Citizens

If an individual has held a green card for three years and has been living with a U.S. citizen spouse for that time, they can apply for U.S. citizenship once the three-year period expires. The individual will need to submit proof of eligibility to file for citizenship after the three-year period, but they do not necessarily need to have obtained their green card or immigrant visa through their marriage. To preserve their eligibility for citizenship, the individual must remain married to the U.S. citizen until the naturalization ceremony. They must also live with their U.S. citizen spouse until they file for naturalization, but they do not need to continue living with them until the naturalization ceremony as long as the marriage is still valid. If the U.S. citizen spouse dies, the individual will not be able to continue pursuing the citizenship application.

An important exception to these rules protects victims of domestic violence perpetrated by a U.S. citizen spouse. Individuals are not required to live continuously with their abusive spouse for three years to obtain citizenship. If an individual obtained their green card based on their marriage to a U.S. citizen but is filing a self-petition under Form I-360 because of their abuse, they can still obtain citizenship after three years. The Violence Against Women Act (VAWA) protects spouses and children of U.S. citizens who perpetrate domestic violence and provides a modified route to citizenship.

Exceptions for Refugees and Asylees

A foreign national who arrived in the U.S. as a refugee can count the time they lived in the U.S. as a refugee toward the five-year residency requirement. However, they cannot count the time during which they held refugee status but were not present in the U.S. They will need to refer to the date on which they entered the U.S.

A foreign national who received asylum in the U.S. can count one year of their asylee status toward the five-year requirement. Any additional time prior to obtaining legal permanent resident status will not count, meaning the individual will need to wait four years after they receive their green card before they can apply for citizenship.

Exceptions for Military Personnel and Their Spouses

The naturalization process is expedited for members of the military who serve during periods of hostilities. They can apply for citizenship right after they complete basic training. If they serve during periods of peace, they can apply after one year of service. A U.S. citizen spouse of a military member who is deployed overseas can also apply for expedited naturalization. They may apply for naturalization abroad or after they return to the U.S.

Continuous Residence Requirement

One of the requirements for naturalization is continuous residence. A naturalization applicant must show that they have resided continuously in the U.S. for five years (or three years if married to a U.S. citizen). Continuous residence means that the applicant has maintained their residence in the U.S. and has not taken up residence in another country.

Short Absences

A naturalization applicant may leave the U.S. for brief periods of time without interrupting their continuous residence. Short absences do not break the continuity of residence if the applicant maintains their residence in the U.S. and does not abandon their intention to reside in the U.S. Examples of brief absences include vacations, business trips, and brief trips to visit family abroad.

Longer Absences

Longer absences may break the continuity of residence. A naturalization applicant who has been absent from the U.S. for more than six months but less than one year has the burden of showing that they did not abandon their residence in the U.S. during their absence. A naturalization applicant who has been absent from the U.S. for more than one year has abandoned their residence in the U.S. and cannot establish continuous residence.

Exceptions to the Continuous Residence Requirement

There are exceptions to the continuous residence requirement for certain types of individuals. For example, members of the military who are stationed abroad may be eligible for an exception to the continuous residence requirement. Similarly, a naturalization applicant who is outside the U.S. for employment with a U.S. government agency, an American institution of research, or a public international organization may also be eligible for an exception to the continuous residence requirement.

Sum up

Applying for U.S. citizenship is a significant step for permanent residents who have lived in the U.S. for a period of time. The residency requirement is a critical aspect of the citizenship application process. Green card holders who want to apply for citizenship must meet the continuous residence requirement by demonstrating that they have maintained their residence in the U.S. for a required period of time. Understanding the exceptions to the residency requirement is also important. If you have any questions about the citizenship application process or residency requirements, consult with an experienced Italian immigration attorney at Di Martino Law Group for more details.

 

LEAVE A COMMENT


Your email address will not be published. Required fields are marked *



40 YEARS OF
EXPERIENCE