Among all the requirements for naturalization as a US citizen, the most complex is often the residency requirement.

As a general rule, an applicant for naturalization must have been a permanent resident of the US for at least five years and also meet certain requirements for the amount of time actually spent in the US:

• During the five years immediately preceding the application for naturalization, the person must have resided in the US. Half of that time must have been physically spent in the country.
• During the three months preceding the application, the person must have resided in the INS district where the application will be filed.
• Between the filing of the naturalization application and the granting of citizenship, the applicant must continue to reside in the US

Simply leaving the US during these periods does not terminate the period of physical presence. That said, absences -- especially anything between six months and one year -- need to be dealt with carefully. They are presumed to break the period of continuous residence, but this presumption can be overcome by demonstrating that the applicant did not abandon their US residence. What's the evidence of that? It could include continuing employment here, family ties in the country, maintaining a home and not obtaining employment abroad.

Absences of More Than a Year

Absences of more than one year will terminate continuous residence unless the applicant complies with the following requirements:

• The applicant must have been physically present in the US for one continuous year following admission as a permanent resident. Any absence from the US, however brief, is not allowed during this period.
• The applicant must be employed by one of the following: the US government; a US research institution recognized by the Attorney General; a US business engaged in the development of foreign trade and commerce; or a public international organization of which the US is a member.

Before the one-year period outside the US is up, the applicant must demonstrate that he is employed by one of the organizations listed above. The applicant must also prove that his absence was due to employment. Even when these requirements are met, it is important to remember that the requirement that half of the five years prior to filing the naturalization application be spent in the US still applies. The only exception to this requirement is for time outside of the US during which a person is considered to be, "constructively present," in the US. The most common example of this is overseas military service.

Waiving of Residency

Residency requirements may be waived if both of the following apply:

• An applicant is the spouse of a US citizen who is one of the following: a member of the US Armed Forces; an employee or an individual under contract to the US Government; an employee of a US institution of research recognized by the Attorney General; an employee of an American-owned firm or corporation engaged in the development of foreign trade and commerce for the country; an employee of a public international organization of which the US is a member by law or treaty; or a person who performs ministerial or priestly functions for a religious denomination or an interdenominational organization with a valid presence in the US.
• The spouse is working overseas for at least one year according to an employment contract or order.

Religious Workers

Special exceptions to the residence requirement exist for religious workers. They must be engaged in religious work abroad and must meet the following requirements:

• At any time between admission as a permanent resident and filing the application for naturalization, they must spend one uninterrupted year physically in the US. This period may be before or after the religious work abroad.
• The applicant must demonstrate that their absence was to perform religious work.