The necessary requirements for citizenship are:

 

• Be over 18 years old when the form is submitted;

• Have been a permanent resident for at least 5 years (or three years in the case of foreigners married to a US citizen);

• Have lived continuously in the United States for the past three to five years; 

• Speak, write and read basic English;

• Demonstrate suitable character;

• Have a basic knowledge of American history and government;

• Take an oath of loyalty to the American Constitution; 

• Be willing to swear an oath to the American flag.

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It should be noted that some of these requirements do not apply to foreign nationals seeking to obtain US citizenship based on military service. 

 

To maintain permanent resident status, you must live in the United States and have stayed on U.S. soil for more than 180 days per year. If you are absent from the country for more than 180 days, you may be barred from re-entering the United States or face a series of questions regarding the nature of your trip or absence. You may even be compelled to present evidence that you have not abandoned your life here. Your intention to continue living in the USA can be demonstrated through proof of residence, employment contracts, federal income tax, bank accounts, etc. Although the burden of proof is much higher for absences of more than a year, absence of more than 180 days can lead to serious consequences such as the cancellation of your green card.

 

If you plan to be away from the US for more than a year, you must apply for a re-entry permit 60 days before leaving the country. Re-entry permits cannot be requested from abroad. This document allows the permanent resident to re-enter the USA after a period of one year abroad and prevents the presumption of abandonment of the green card. Re-entry permits can also be requested in cases of absence of less than one year, but for more than 180 days per year. Although you do not need to be physically in the United States when the permit is approved, you must submit the application and schedule biometrics before leaving. It is worth noting that these steps cannot be carried out abroad in embassies or consulates.

 

Another important point that generates a lot of confusion is what happens after a period of absence of more than one year and the qualifications required to apply for citizenship. Although a period longer than one year does not result in any prejudice to permanent resident status upon obtaining a re-entry permit, the same does not happen with citizenship. If the citizenship application is made from the date of receipt of the green card without taking into account the absence of one year or more, this application will be denied as the necessary basic requirements are not present. In these cases, the permanent resident must wait 4 years and one day to become eligible again for citizenship and naturalization (or two years and one day for applications based on marriage to a U.S. citizen). 

 

By becoming an American citizen, you will no longer have to worry about long absences and you can even live permanently in another country without losing your citizenship.

 

We understand the complexities involved in the immigration process and are here to help you. We value your interest in our services and warmly invite you to engage with us for assistance in preparing your documentation. Schedule a consultation with one of our consultants who will help you understand, prepare your application or refer you to a lawyer who can represent you legally.