이곳에서 이루어지는 왠만한 질문은 대부분 USCIS 홈페이지에 다 나와 있습니다. 자신의 신분과 관련하여 모든 것을 주관하는 위 사이트를 최소한 한번이라도 검색해보시면 자신이 하고자 하는 질문을 정확하게 공식적으로 확인할 수 있습니다. 지금 이 분의 질문도 위 링크에 정확하게 나와 있습니다. 비 전문가나 전문가라 하더라도 빈약한 답변을 받고 이를 가지고 자신의 신분이나 인생에 영향을 미치는 잘못된 판단을 하지 마시기 바랍니다.
C. Breaks in Continuous Residence An applicant for naturalization has the burden of establishing that he or she has complied with the continuous residence requirement, if applicable. There are two types of absences from the United States that are automatically presumed to break the continuity of residence for purposes of naturalization. [9]
•Absences of more than 6 months but less than one year; and
•Absences of one year or more.
An officer may also review whether an applicant with multiple absences of less than 6 months will be able to satisfy the continuous residence and physical presence requirements. In some cases, an applicant may not be able to establish that his or her principal actual dwelling place is in the United States or establish residence within the United States for the statutorily required period of time. [10]
1. Absence of More than Six Months (but Less than One Year) An absence of more than six months [more than 181 days but less than one year (less than 365 days)] during the period for which continuous residence is required is presumed to break the continuity of such residence. This includes any absence that takes place prior to filing the naturalization application or between filing and the applicant’s admission to citizenship. [11]
An applicant’s intent is not relevant in determining the location of his or her residence. The period of absence from the United States is the defining factor in determining whether the applicant is presumed to have disrupted his or her residence.
An applicant may overcome the presumption of loss of his or her continuity of residence by providing evidence to establish that the applicant did not disrupt his or her residence. The evidence may include, but is not limited to, documentation that during the absence: [12]
•The applicant did not terminate his or her employment in the United States or obtain employment while abroad.
•The applicant’s immediate family remained in the United States.
•The applicant retained full access to his or her United States abode.
2. Absence of One Year or More An absence from the United States for a continuous period of one year or more (365 days or more) during the period for which continuous residence is required will break the continuity of residence. This applies whether the absence takes place prior to or after filing the naturalization application. [13]
The naturalization application of a person who is subject to the continuous residence requirement must be denied for failure to meet the continuous residence requirements if the person has been continuously absent for a period of one year or more without qualifying for the exception benefits of INA 316(b). An applicant who is absent for one year or more to engage in qualifying employment abroad may be permitted to preserve his or her residence. [14]
3. Eligibility after Break in Residence An applicant who is required to establish continuous residence for at least 5 years [15] and whose application for naturalization is denied for an absence of one year or longer, may apply for naturalization four years and one day after returning to the United States to resume permanent residence. An applicant who is subject to the three-year continuous residence requirement [16] may apply two years and one day after returning to the United States to resume permanent residence. [17]