How Long Can A U.S Citizen Stay Outside The United States?

If you aren’t a U.S Citizen by birth and you seek and get U.S Citizenship, US immigration law assumes you are planning to live in the US permanently. Staying outside the U.S for over a year can result in loss of permanent resident status. However, there are exceptions to this rule.

Exceptions For U.S. Government Personnel

U.S personnel such as military and civil service employees, together with their children and spouses with lawful resident status, can remain outside America for as long as an official assignment demands. They also enjoy four months after such an assignment has been completed before they risk losing U.S resident status.

Any other immigrant holding permanent residence status that chooses to reside outside America for over 12 months without seeking approval from the USCIS will be required to get a new Visa to gain back entry. A re-entry permit is required. The permit allows the holder to stay outside the U.S until the re-entry validity period expires. To apply, visit the official USCIS website.

Discover Your Legal Options For Not Losing Your U.S. Paperwork

Eligibility After Losing Residence

Suppose you want to reapply for naturalization and do it under INA 316. In that case, you must do five years of continuous residence, then wait for four years after returning to the US to meet requisite continuous residence and apply for naturalization. Statutory deadlines are calculated from the date of filing.

Example On Eligibility For U.S Citizenship Based On Continuous Residence

Let’s say you apply for naturalization (U.S Citizenship) under INA 316, leave the US on 1st January 2022 and return on 2nd January 2023, you will have stayed outside America for a year breaking continuous residence. For such a case, you must wait five years (up to 3rd January 2027) to reapply for naturalization.

Although you will have stayed outside the U.S for less than a year during the statutory timeline, you will still have stayed outside the U.S for over 6 months, during which a person is eligible for naturalization if you successfully rebut presumption that you have broken continuity of residence.

Preserving Residence

Some applicants can proactively preserve residence even if they are absent for a year or more to qualify for employment abroad. To do this, you must file form-N470 application for preserving residence for naturalization.

Find Legal Advice On Immigration Requirements For Your Residency Or Citizenship

To qualify, you must be physically present in America as a legal permanent resident for a year before working abroad. You also need to apply before or after your employment begins. However, if you apply after employment begins, it must be before you work abroad continuously for a year.

There are other conditions to consider. For instance, you must be employed or contracted by the U.S Government or American institution, Corporation/American firm in U.S foreign trade/commerce. A subsidiary of a US firm/Corporation with 50%+ U.S-owned also applies. Employees of public international companies that the U.S has a statute/treaty with also meet requirements provided they weren’t employed before becoming legal permanent residents.

If a person is engaged solely on ministerial work of a religious denomination with a bona fide company within America then they can preserve residence for naturalization without being subjected to regular conditions.

Summary: How Long U.S. Citizen Can Stay Outside U.S.?

It depends. While the normal limit is a year, you can stay longer and still preserve your US citizen if you are a military service member, Government employee, or meet any other criteria discussed above i.e., work for a US multinational or you proactively preserve residence.

More here
More About Us

Get Help From An U.S Immigration Attorney

    How To Find Us

    Austin Office
    Lincoln-Goldfinch Law

    1005 E 40th St
    Austin, TX 78751

    Waco Office

    Lincoln-Goldfinch Law

    1616 Austin Avenue, Suite A
    Waco, TX 76701
    By Appointment Only

    Austin & Waco

    Call or Text: (855) 502-0555
    Fax: (512) 323-9351