If you're considering applying for US naturalization and have spent a significant amount of time outside the United States in the last five years, it's important to understand the concept of the “four-year and one-day rule.”
This rule may apply to you if you’re a legal permanent resident (i.e. a green card holder) looking to apply for U.S. naturalization and you’ve had an absence of six months or longer after you became a legal permanent resident. This rule often leads to confusion among applicants, and some may not even be aware of its existence. In this article, we will clarify what the 4 year and 1 day rule entails and how it applies to the process of U.S. naturalization.
Note: if you want to skip the reading and talk to a professional right away, click here to request a consultation with Malakouti Law.
Understanding Continuous Residence
As a green card holder and a legal permanent resident applying for naturalization, you are generally required to demonstrate five years of continuous residence in the United States [Source: INA 316(a(1))]. Continuous residence means that the United States has been your primary place of abode.
The continuous residence requirement is related to but separate from the physical presence requirement for naturalization eligibility.
In addition to continuous residence, a naturalization applicant must prove that they’ve spent more time in the United States than outside the United States during the applicable “statutory period." The statutory period is the five years prior to filing a U.S. naturalization applicant, or three years if you have been married to a U.S. citizen [Sources: INA 319(a), 8 CFR 319.1(a)(3)].
Breaking Continuous Residence
If you remain outside the United States continuously for more than six months at a time, it is presumed that you have broken the period of continuous residence [Source: INA 316(b)].
In some cases, an applicant is able to rebut that presumption and still successfully naturalize. At Malakouti Law, we’ve had success helping clients rebut the presumption of broken continuous residence by preparing a convincing package of documents to show that the applicant maintained strong ties to the United States while abroad.
However, a continuous absence from the United States of longer than one year as a legal permanent resident (green card holder) creates an irrebuttable presumption of having broken continuous residence. In such cases, the general rule is that you must start over and establish five years of continuous residence from the time you return to the country after your extended absence.
The Four Year and One Day Rule
The four-year and one-day rule comes into play when you have broken your continuous residence by staying outside the United States continuously for more than six months. This rule provides an advantage, allowing you to apply for naturalization after waiting for just four years and one day from the date of your return to the United States, rather than the standard five years [Source: 8 CFR 316.5(c)(1)(ii)].
Essentially, if you broke your continuous residence, the four-year and one-day rule shortens the waiting period by one year. It offers an opportunity to become eligible for naturalization sooner, provided that you meet all the other requirements for citizenship.
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Navigating the intricacies of US naturalization and understanding the rules and exceptions can be complex.
If you’re in a situation in which you think the four-year and one-day rule may apply to you, it is advisable to seek professional guidance from an immigration attorney. Feel free to book a consultation with us here.
Each immigration and citizenship case is particular and you should consult with a qualified immigration and citizenship lawyer about your case before taking any steps. The Law Office of Parviz Malakouti does not guarantee the accuracy of information presented nor assume responsibility for actions taken in reliance of this information. The information in this page could become outdated. Attorney marketing.
FAQs
The 4 year 1 day rule applies to permanent lawful residents who were required to be in the U.S. for a continuous period of 5 years but who broke the continuity of their residence. The period of 4 year 1 day applies before you can apply for naturalization again.
What is the 4 year 1 day rule for naturalization? ›
The Four Year and One Day Rule
This rule provides an advantage, allowing you to apply for naturalization after waiting for just four years and one day from the date of your return to the United States, rather than the standard five years [Source: 8 CFR 316.5(c)(1)(ii)].
How do you count naturalization days? ›
The continuous residence and physical presence requirements are interrelated but each must be satisfied for naturalization. USCIS will count the day that an applicant departs from the United States and the day he or she returns as days of physical presence within the United States for naturalization purposes.
Can I apply for citizenship after 4 years and 1 month? ›
While most people must wait five years after getting their green card to apply for naturalized U.S. citizenship, important exceptions are available. If you are a U.S. permanent or conditional resident—that is, someone with a green card—you might want to apply for U.S. citizenship as soon as possible.
What is the 4 year rule for green cards? ›
Four Years and One Day Rule
An applicant who is required to establish continuous residence for at least 5 years may apply for naturalization 4 years and 1 day after returning to the United States to resume permanent residence.
How often do you have to return to the US to maintain citizenship? ›
No, there is no requirement for US citizens who are out of the country to ever return to the US. They will retain their US citizenship even if they never return.
How many days should I stay in the US to get citizenship? ›
One of the most important requirements for U.S. citizenship is that you must have physically lived in the United States for at least half of five years (more specifically, 913 days, or roughly 2.5 years) or at least half of three years (more specifically, 548 days, or a little over 1.5 years) if you're married to a ...
How does USCIS check continuous residence? ›
F. Documentation and Evidence
USCIS will review all of the relevant records to determine whether the applicant has met the required period of continuous residence. The applicant's testimony will also be considered to determine whether the applicant met the required period of continuous residence.
How long can a naturalized citizen stay out of the country? ›
This is one of the primary motivators for people to apply for naturalized U.S. citizenship. A naturalized citizen can live for as long as they wish in another country, with almost no risk to their U.S. citizenship status.
Does the 2 years of conditional green card count towards citizenship? ›
As long as you become a permanent resident at the end of your conditional residence period, your two years as a conditional resident will count toward the waiting period for citizenship.
Evidence of your marriage to a U.S. citizen. Evidence that proves joint property ownership and financial interests, such as copies of credit card or bank statements, leases or mortgages, your children's birth certificate, insurance policies and certified copies of joint income tax forms.
What is the fastest way to get U.S. citizenship? ›
The fastest way to gain U.S. citizenship is by marrying a U.S. Citizen and having your spouse file for your I-130 and I-485 for your permanent residency or by joining the military. Eligible service members can file Form N-400 after one day of service.
What are the 5 requirements to become a U.S. citizen? ›
- 1) Lawful permanent resident of the U.S. ...
- 2) You must be 18 years old. ...
- 3) You must have resided for three months in the state where you will apply for U.S. citizenship.
- 4) Continuous residency and physical presence in the U.S. ...
- 5) You must be a person of good moral character.
The 4 year 1 day rule applies to permanent lawful residents who were required to be in the U.S. for a continuous period of 5 years but who broke the continuity of their residence. The period of 4 year 1 day applies before you can apply for naturalization again.
What is the 5 year rule for n400? ›
As a permanent resident, you are generally eligible for naturalization after five years. This is the most common way that people apply to become a U.S. citizen. To qualify, you must have lived in the U.S. continuously for the five years immediately preceding the date you file Form N-400, Application for Naturalization.
What is the 3 year rule for citizenship? ›
You can apply for U.S. citizenship after 3 years if you are a permanent resident (Green Card holder) and have been married to and living with the same U.S. citizen spouse during that time. Otherwise, most Green Card holders must wait 5 years before applying for naturalization. Learn more.
What is the time frame for naturalization? ›
The current median processing time for Form N-400 is around 5 months (Boundless updates this timeline on a monthly basis). USCIS has prioritized naturalization applications in recent years, and has cut the N-400 approval time in half, since 2019.
What is the 90 day rule for citizenship? ›
You may file Form N-400 ninety (90) calendar days before you complete your permanent residence requirement if your eligibility for naturalization is based upon being a: • Permanent resident for at least 5 years; or • Permanent resident for at least 3 years if you are married to a U.S. citizen.
How many days can you stay outside the US on n400? ›
You may travel to another country, including your home country, provided no other legal impediment precludes you from doing so. However, if your trip lasts longer than 180 days, USCIS may determine that you have not continuously resided in the United States and therefore are ineligible for naturalization.
