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Can short travels to US during a period of 24 months, be enough to maintain continouos residence requirement for naturalization?

Rockville, MD |

Im a LPR since November 2007. Between November 2007 and January 2011, I was physically present in the US.
On January 2011, I moved to Canada due to a job assignment (I work for a US company). I obtained a reentry permit, but unfortunately, I didnt file a form I-470.
While working in Canada, I made short visits to the US (for 7 to 10 days each trip). My absences from the US were less than 6 months between trips.
During my time in Canada, I kept my house in the US, my US bank accounts and I paid taxes as a US Resident.
I just came back to Maryland this January and I want to apply for US Citizenship.
Do I comply with the continouos residence requirement for naturalization?

Thanks in advance

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Attorney answers 4

Best Answer

Based on the information you provided, it appears that you comply with the continuous residence requirement. USCIS may well ask questions about your employment in Canada. Was your assignment considered temporary? Did your immediate relatives remain in the United States? You should definitely consult with an immigration attorney, who would review all of the facts.

(734) 369-3131. This communication does not establish and attorney-client relationship with the Law Office of Michael Carlin PLLC or any individual member of the office. Confidential information should not be sent through this form.


You need to add up all your time abroad and if it is more than half of the residency requirement, then you do not qualify.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


You have a yes and a no.
I don't think anyone can answer your question without a
more detailed analysis of your residence time lines.

The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.


With good documentation, and an attorney sitting by your side, you will probably prevail.

The only way to change my answer from probably to 'no problem' will be for you to meet with an attorney and show him/her all your documents.

One issue I have seen come up is in relation to your house. Was it vacant? Did you rent it out? Did someone else live there? ... good things to discuss with your attorney.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.



The house was rented during my time abroad.

F. J. Capriotti III

F. J. Capriotti III


Although it doesn't "close the door" on your case, having rented out your US place of residence is a very damaging factory .... the US looks at the 'substance' of a case and not the 'form'. (ie: where did you really live and not what address did you put on bank and tax papers.) I do take note of the fact that you refer to the trips you made to your 'home/residence' in the US as "short visits". I strongly suggest meeting with an immigration attorney before filing for naturalization ... I'm sure that the last thing you would like to have happen would be for them to institute removal proceedings against you ... to cancel your residence permit.

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