Can I Stop Deportation if I’ve Been in the U.S. for Over a Decade?
In the United States, maintaining continuous presence is critical for a number of immigration applications, including adjustment of status and naturalization. The U.S. Citizenship and Immigration Services (USCIS) provides guidelines to help individuals meet the requirement. It is important to understand the legal guidelines and provide thorough documentation.
What is Continuous Presence?
The term ‘continuous presence’ refers to an immigrant’s need to stay in the United States for a specific period of time without interruption. This requirement is different from physical presence, which accounts for the actual number of days an individual spends in the U.S. Both requirements are important for an immigrant to be eligible for certain immigration purposes, including naturalization. However, they do have different purposes.
How is Continuous Presence Interrupted?
According to the USCIS guidelines, lawful permanent residents typically must maintain a continuous presence until they apply for naturalization. However, there are certain absences that can interrupt the continuity. These include:
- Absences of 6 months to 1 year: Absences of 6 months to 1 year create a presumption that continuous residence has been disrupted. Individuals must counter the presumption with strong evidence of having immediate family in the United States, ongoing employment in the country, or maintaining a home in the U.S. during the absence.
- Absences of 1 year or longer: Absences lasting at least one year break the requirement for continuous residence. In these cases, individuals must begin a new period of continuous residence before they can qualify for naturalization.
- Short but frequent absences: Being regularly absent from the U.S. for less than six months can threaten a person’s continuous residence if the absences suggest the individual’s primary residence is not in the United States.
How to Prove Continuous Residence
Applicants must collect a number of documents to prove continuous presence and show a full record of an uninterrupted stay in the United States. This evidence can include:
- Residential records: Mortgage documents, lease agreements, and utility bills can verify an applicant’s residency in the United States.
- Employment records: Employment verification letters, pay stubs, and tax returns can show consistent employment in the country.
- Family evidence: Documentation can prove that immediate relatives, such as a spouse or children, stayed in the U.S. while the applicant was absent.
- Travel records: A detailed travel history, such as passport stamps and flight tickets can show that an applicant did not break continuous presence.
Our Immigration Attorney in Tampa Can Prove Your Case
Proving continuous presence is important, but it is also not easy. The immigration system in the U.S. is extremely complex and challenging to navigate. At Florida Law Advisers, P.A., our Tampa immigration attorney can advise on the evidence to collect that can prove your case and give you the best chance of success with your naturalization case or other application. Call us now at 1 (800) 990-7763 or chat with us online to schedule a consultation with our experienced attorney and to learn more about how we can help prove your case.
Source:
uscis.gov/policy-manual/volume-12-part-d-chapter-3
