Citizenship (Naturalization)

Continuous Residence is one of the key requirements for maintaining not only your eligibility for Citizenship but also for maintaining your Green Card.  If you spend too much time outside of the U.S. you can be determined to have abandoned your LPR status (Green Card).  

Remember, there is a presumption that you broke your continuous residence if you ever traveled outside the U.S. for more then 6 months (180 days).   If you broke your Continuous Residence there is a possibility you may have abandoned your Lawful Permanent Resident Status.  

Contact an Immigration Attorney if you have any questions or concerns.  

Physical Presence is a measurement of how many total days you have been in the United States in the last 5 years.   This determination separate from Continuous Residence.  

The applicant must have been physically present in the U.S. for at least half of the 5 (or 3 ) year period.  

Naturalization can be denied to an applicant if the USCIS deems them not to be of Good Moral Character.   Your Immigration Attorney can help advise you with this process and determine if applying for Citizenship is the right course of action.  

A client's criminal history will be considered as a factor in their Good Moral Character determination.  Remember, having a criminal history does NOT automatically disqualify an applicant.  However, Crimes of Moral Turpitude (such as fraud, conspiracy, and certain sexual crimes) are automatic disqualification and could put the applicant at risk for deportation (removal).   Additionally "Aggravated Felonies" can be bars to naturalization.  

The client has the burden of proof that they have been admitted as a Lawful Permanent Resident.

It is important to have your immigration attorney verify how you obtained your Green Card and make sure you are eligible for Naturalization.  

 *Application for Naturalization (uscis.gov)