Question #4: What constitutes "continuous residency" for the purpose of
naturalization?

Carl Shusterman: In order for your residence to be continuous for naturalization purposes, your permanent place of abode must remain in the United States. If you leave the United States, for a trip of less than six months, normally your place of abode is not affected. However, if you depart the United States for over six months, but under one year, the law raises a rebuttable presumption that you have abandoned your residence in the United States. Since the presumption is rebuttable, it is up to you to prove to the INS official who inspects you upon your return to the US that that the purpose of your trip was always meant to be temporary.

If you depart the United States, for one year or more, the presumption of abandonment becomes conclusive.

In order to avoid this and establish the presumption that your trip abroad was temporary, you should apply for a Re-entry Permit (Form I-131) before you leave the United States. Possession of a Re-entry Permit allows you to remain outside the United States for up to two years without losing your green card. However, what many people do not realize, is that even the possession of a Re-entry Permit, does not prevent you from breaking your residence for naturalization purposes.

In order to preserve your residence for naturalization purposes, you must submit Form N-470 to the INS if you meet the eligibility requirements. See:

http://shusterman.com/citzforms.html

and click on N-470.