October 28, 2003

DHS Amends List of American Institutions of Research for Maintenance of Continuous Residence for Naturalization Purposes

The Department of Homeland Security (“DHS”) released a final rule to amend the Immigration and Nationality Act ("INA"). Generally the INA requires applicants to be lawful permanent residents (“LPR”) for at least 5 years (this period is reduced to 3 years if applicants are filing based on marriage to a U.S. Citizen) before applying for naturalization. However, there are other requirements including continuous presence and physical presence which are fairly complicated concepts that need to be carefully reviewed by LPRs. Under certain circumstances LPRs who will be absent from the U.S. for one year or more due to employment at one of the American institutions of research recognized under the act are given permission to be absent without interrupting the continuous residence requirements for naturalization. This final rule adds Rutgers University, Indiana University, and Harvard University to the list of institutions recognized for the purpose of preserving residence in the United States for naturalization eligibility. The Harvard Institute for International Development is removed. Prior to accepting a position abroad LPR's are cautioned to discuss preservation of residence and naturalization issues.