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COVID-19 continuous residency and physical presence requirements for citizenship

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  • COVID-19 continuous residency and physical presence requirements for citizenship

    Will USCIS be considering an exception for green card holders who were outside the U.S. for more than six months due to COVID-19-related quarantines and flight cancellations, so that they can maintain the continuous residency and physical presence requirements for citizenship.

    In my case I could not return to the US for 11 months during the peak of the Covid.

    I checked the below link from USCIS for Continuous Residence and Physical Presence Requirements for Naturalization during Covid, but it does not clarify my situation (more than 6 months but less than a year outside US)

    USCIS Response to COVID-19 | USCIS​​

  • #2
    There are no special rules for COVID. Existing rules already allow the possibility of overcoming the presumption of interrupting continuous residence for absences of between 6 months and 1 year. See USCIS Policy Manual, Volume 12, Part D, chapter 3, section C-1.
    Last edited by newacct; 11-22-2022, 04:28 PM.

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      Check out this link:

      Specifically this section:

      Lawful Permanent Resident Status
      USCIS recognizes that if you are a lawful permanent resident (LPR) who traveled outside of the United States and are or were subject to COVID-19-related travel restrictions, you may have concerns about the effect of an extended absence from the United States.
      If you were delayed in returning from a trip outside of the United States due to unforeseen circumstances, such as COVID-19-related travel restrictions, the trip generally retains its temporary character and USCIS will not consider your LPR status abandoned as long as you always intended to return as soon as the original purpose of the visit was completed. For more information, see USCIS Policy Manual Volume 12, Part D, General Naturalization Requirements, Chapter 2, Lawful Permanent Residence Admission for Naturalization.
      Documentary Requirements
      Generally, if you are an LPR seeking to return to the United States after temporary foreign travel of less than one year, you may use your valid Form I-551, Permanent Resident Card, (also known as a Green Card) as a travel document. If you are seeking to return to the United States after temporary foreign travel of a year or more, you must present a Form I-327, Permit to Reenter, (also known as a reentry permit) or a Returning Resident (SB-1) immigrant visa. If you have been outside of the United States for a year or more without a reentry permit or beyond the validity of your reentry permit, you should consider contacting the nearest U.S. Embassy or Consulate to discuss your situation. For more information, visit the U.S. Department of State website.

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      • #4
        Originally posted by the moose View Post
        Check out this link:
        https://www.uscis.gov/about-us/uscis...se-to-covid-19
        Specifically this section:

        Lawful Permanent Resident Status
        USCIS recognizes that if you are a lawful permanent resident (LPR) who traveled outside of the United States and are or were subject to COVID-19-related travel restrictions, you may have concerns about the effect of an extended absence from the United States.
        If you were delayed in returning from a trip outside of the United States due to unforeseen circumstances, such as COVID-19-related travel restrictions, the trip generally retains its temporary character and USCIS will not consider your LPR status abandoned as long as you always intended to return as soon as the original purpose of the visit was completed. For more information, see USCIS Policy Manual Volume 12, Part D, General Naturalization Requirements, Chapter 2, Lawful Permanent Residence Admission for Naturalization.
        Documentary Requirements
        Generally, if you are an LPR seeking to return to the United States after temporary foreign travel of less than one year, you may use your valid Form I-551, Permanent Resident Card, (also known as a Green Card) as a travel document. If you are seeking to return to the United States after temporary foreign travel of a year or more, you must present a Form I-327, Permit to Reenter, (also known as a reentry permit) or a Returning Resident (SB-1) immigrant visa. If you have been outside of the United States for a year or more without a reentry permit or beyond the validity of your reentry permit, you should consider contacting the nearest U.S. Embassy or Consulate to discuss your situation. For more information, visit the U.S. Department of State website.

        This only talks about abandonment of permanent residency, and the ability to re-enter the US as a permanent resident (and none of it is specific to COVID-19), which the OP had no problem with. It doesn't say anything about Continuous Residence for naturalization, which is what the OP is asking about.
        Last edited by newacct; 12-02-2022, 02:06 PM.

        This is my personal opinion and is not to be construed as legal advice.

        Comment


        • #5
          This Covid 19 has radically changed our lives, not for the better! As a plastic surgeon here cosmetic surgery, I have to collect a lot of information about my arrival from abroad!​

          Comment

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