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How to Prove Continuous Presence for Immigration Purposes

 

Maintaining continuous presence in the United States is vital for various immigration
applications, including those for naturalization and adjustment of status. The U.S. Citizenship
and Immigration Services (USCIS) has detailed guidelines to help applicants meet this
requirement, underscoring the importance of thorough documentation and understanding the
legal criteria.

Defining Continuous Presence

Continuous presence involves an immigrant's need to remain in the United States without
significant interruptions for a specified duration. This requirement is distinct from physical
presence, which counts the actual number of days spent in the country. Both requirements are
essential for eligibility in naturalization and other immigration processes, but they serve different
purposes.

Requirements for Continuous Presence


As per USCIS guidelines, lawful permanent residents (LPRs) must typically maintain continuous
residence from the time they are granted LPR status until they apply for naturalization.
However, certain absences can disrupt this continuity:

1. Absences of Six Months to One Year: An absence within this duration creates a presumption
that continuous residence has been interrupted. Applicants must counter this presumption with
evidence such as proof of ongoing U.S. employment, having immediate family in the U.S., or
maintaining a home in the U.S. during the absence.

2. Absences of One Year or More: Any absence lasting one year or more will break the
continuous residence requirement. In such cases, the applicant must start a new period of
continuous residence to qualify for naturalization.

3. Frequent Short Absences: Regular absences of less than six months can also threaten
continuous residence if they suggest that the applicant’s primary residence is not in the U.S.

Each situation is assessed individually, taking into account the overall context and provided
evidence.

Proving Continuous Presence

Applicants must compile a variety of documents to demonstrate continuous presence, creating a
comprehensive record of their unbroken stay in the U.S. Essential pieces of evidence include:
– Employment Records: Pay stubs, employment verification letters, and tax returns showing
consistent employment in the U.S.

– Residential Records: Lease agreements, mortgage documents, and utility bills confirming the
applicant's residence in the U.S.

– Travel Records: Detailed travel history, including flight tickets, passport stamps, and Form I-94
Arrival/Departure Records, to document all entries and exits from the U.S.

– Family Evidence: Documents proving that immediate family members, such as a spouse or
children, remained in the U.S. during the applicant’s absence.

Special Considerations


Some groups may have specific provisions or exemptions:

– Military Members and Spouses: Special rules allow military personnel and their spouses to
maintain continuous residence even when stationed abroad.
– Naturalization Through Marriage: Spouses of U.S. citizens may face reduced continuous
residence requirements.

Recent USCIS Updates


USCIS' Recent updates emphasize the need for a thorough understanding of continuous
presence requirements and provide additional resources to guide applicants through the
process. Accurate and detailed documentation is essential to support claims of continuous
presence.

Conclusion

Proving continuous presence involves meticulous record-keeping and a clear grasp of legal
requirements. Applicants should be prepared to present comprehensive evidence to
demonstrate they meet the continuous residence criteria. Keeping abreast of the latest USCIS
guidelines and seeking legal advice when necessary can significantly increase the chances of a
successful application.

For more detailed information, refer to the official USCIS guidelines on continuous residence
and physical presence requirements available on their website.

If you need assistance navigating the complexities of proving continuous presence, contact the
Law Offices of Martin Schwartz for a consultation. We can assist you throughout the process,
representing you or offering legal advice to help you complete the process on your own. At the
Law Offices of Martin Schwartz, we strive to provide the best opportunities for our clients and
ensure they achieve the outcomes they deserve and want.

Contact Martin Schwartz via at martin@martinschwartzlaw.com

Or contact via phone (813) 269-7421

 

Author

Maryleslie Javier 

September 27th, 2024

President Joe Biden delivering a speech at the White House, discussing historic reforms to provide a path to citizenship for undocumented immigrants
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Biden’s Parole in Place Program Granting U.S. Citizenship to Millions of Undocumented Family Members

About PIP

President Biden’s new “parole in place” (PIP) program will grant relief to millions of immigrants who are living in the United States without citizenship. This June the Department of Homeland Security (DHS) announced the new process starting August 19 will allow individuals to change their citizenship if they entered the U.S. unlawfully. Information to apply and applications will be available on the U.S. Citizenship and Immigration Services (USCIS) website.

Who is eligible?

PIP, grants a one year authorized stay in the U.S. available on a case by case basis. The following individuals are eligible to apply:

  • A person currently living in the U.S. without parole or legal admission
  • A person who has lived in the U.S. for 10 years as of June 17, 2024
  • A person legally married to a U.S. citizen as of June 17, 2024
  • Children of the spouse married to a U.S. Citizen

Widows and widowers U.S. citizens who passed away are also eligible to apply.

Preparing for Filing

To be fully prepared to start the PIP process now is the time to gather all of the following documentation:

  • Proof of a valid marriage license as of June 17,2024
  • Identification Documents
    • Passport
    • Drivers License
    • Birth Certificate
    • Any government-issued document with your name, date of birth, and photo
  • Proof of your spouse’s U.S. citizenship
  • Documentation of Residency: any and all items that prove that you have lived in the U.S. for a minimum of 10 years
    • Utility Bills
    • Letters
    • Hospital or medical records
    • Tax Returns
    • Insurance receipts
    • Rental Agreements
    • Bank Transactions

If you are also including a stepchild in the application for parole you will need to provide how the child is related to the parent who is a U.S. citizen and the parent who is not a U.S. citizen. In addition documentation that shows the child’s presence in the United States will also be required.

Extension of the PIP

The PIP legally lasts for one year. Upon the renewal date individuals can have the PIP extended or reapproved. Depending on the case the USCIS makes the ultimate decision if the application is extended or approved. The PIP serves as a temporary assistance to individuals who need U.S. citizenship. Other permanent or long term solutions are as follows:

Do you know a non citizen in removal proceedings, been ordered removed or deported and still lives in the United States? Contact Martin B. Schwartz as this program might facilitate a reopening of the removal or immigration court case so that the non U.S. citizen can obtain lawful permanent resident status.

Parole in Place FAQs

  • Is every application guaranteed to be accepted?

USCIS does not guarantee that every application will be accepted. Each case will be reviewed closely to discover who is the most at need. Ways to submit a strong application can be found here as well as through advice from immigration attorneys. Try calling the Law Offices of Martin Schwarts at (813) 269-7421, reach out via email (martin@martinschwartzlaw.com), or fill out this form with your preferred contact method.

  • If I have a criminal history can I still apply?

USCIS reviews every application closely. If you have a criminal record your case may have a higher chance at being denied. It is important if you have a criminal record to reach out to an immigration attorney to discuss your options. The Law Offices of Martin Schwarts can answer all of your questions. Fill out this form with your preferred contact method and we will get back to you within a timely manner.

  • Can I travel outside the United States with a PIP status?

No, travel outside of the United States may result in the loss of PIP status.

About The Law Offices of Martin Schwartz

Since 1994 The Law Offices of Martin Schwartz have successfully represented U.S. foreign born individuals, defend removal proceedings and help obtain lawful permanent resident status.

_________________________________________________________________

Blog Writer 

Katiana Arnold | B.A Public Relations & Event Management

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International Protection In The United States

The legal right granted to anyone seeking international protection from life-threatening dangers in their home country is called asylum. Every year, thousands of individuals requesting permanent safety through asylum are assisted by the United States. In the United States legal system, individuals apply to become an asylee or a lawfully recognized asylum seeker. Asylees can be classified into two categories based on removal proceedings: defensive asylum and affirmative asylum.

Defensive asylum is when an individual applies for asylum during removal proceedings. Affirmative asylum, when a person applies for asylum without being asked to leave the United States. Benefits of gaining asylum include eligibility for government programs such as Medicaid or Refugee Medical Assistance. Asylees can also work, apply for a Social Security card, leave the country, and request to bring family members to the United States.

If an individual is not granted asylum, there are other options. The first option is called Withholding of Removal. Though more challenging to be granted than asylum, individuals in this category can still live in the United States until a judge decides on their case. However, there are different limitations compared to an asylee. In this status, the timeframe of protection is unknown, and familial separation may occur. Individuals are allowed to work but are not allowed to leave the United States.

Another form of relief is called Temporary Protected Status. In this status, individuals from selected countries are offered protection temporarily, but the timeframe can be extended through another application process. Individuals of this status can travel outside of the United States and work as well. If you need additional resources, please contact our associates today to learn more about asylum or any alternative options.

 

Published by

Katiana Arnold

2024