What constitutes a break in residency?

Get Legal Help Today

 Secured with SHA-256 Encryption

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

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 6 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption