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How many months do you have to be in the US out of the 4 years after you interrupted your continuous residence?

Los Angeles, CA |

I was out of the US for a bit more than a year and understand that I interrupted my continuous residency. I will have to restart counting the citizenship years and understand I need four instead of five years this time. Does the same rule apply as before? Do I have to be in the US at least half of the time , which now would be 24 months? Or is it more? ....thank you!

Attorney Answers 2


30 months. Please see

Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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4 years and one day from the time you re-establish your residency, you meet the continuous presence requirement. The physical presence requirement is met if you've been in the U.S. at least 1/2 of the 5 years preceding filing.

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