What constitutes a break in residency?

UPDATED: Dec 25, 2014

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What constitutes a break in residency?

I’ve been living in the US for few years and would like to apply for US citizenship from there. However, I was outside the US last month due to some personal issues/vacation and came back to the US but at a different address. Please note that before travelling abroad, I had moved out from my apartment but kept my job, car, insurance, etc. with that address; I used a mailbox at that address during this temporary absence. Is it mandatory to continue a rented apartment before applying in order ensure state residency? I’m just wondering if my state residency is broken. Do I need to wait another 3 months or I can still apply?

Asked on December 25, 2014 under Immigration Law, California


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you are a US permanent resident, have been in that status for 5 years and have spent at least 1/2 of that time physically present in the US you may be eligible for naturalization to US citizenship.  If you have traveled outside the US for 1 month, that does not break your residency and, assuming you have satisfied all other conditions for naturalization, you should be eligible to apply.

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