Continuous Residency (CA)
(01/01/17 – 12/31/17)
Certain qualified noncitizens who do not meet the five-year date of entry requirement may still establish potential eligibility for CA.
The following qualified noncitizens who have been continuously residing in the U.S. since prior to August 22, 1996 are potentially eligible for CA:
Lawful Permanent Resident (LPR)
Continuous residency does not apply to NA.
NOTE The Continuously Residing policy for MA is located in the Eligibility Policy Manual (EPM).
These noncitizens must provide documentation that indicates they have been residing in the U.S. continuously since August 22, 1996.
Continuous residency must be verified from August 22, 1996 to the U.S. entry date on the USCIS document.
There must be no absences longer than 30 continuous days. The total of all absences must be fewer than 90 days from the time the noncitizen entered the U.S. up to the date their status (LPR, parolee, or battered) was approved.
Use the information provided to verify that the participant has been living in the U.S. continuously since prior to August 22, 1996. Completing the Continuously Residing Time Line (FAA 1558A) form is an effective way to quickly verify continuously residing. When a document shows the participant was living in the U.S. during a certain month, fill in that month on the grid.
When every month on the FAA 1558A from August 22, 1996 to the date the participant’s USCIS status was granted is filled in, the participant is eligible for CA.
When it has been determined there is potential eligibility for the qualified noncitizen, the noncitizen must provide both of the following:
A written statement. The statement must include both of the following:
The date the noncitizen arrived in the U.S.
A list of all dates the noncitizen was absent from the U.S. beginning from their arrival date until the date their status (LPR, parolee, or battered noncitizen) was approved. (See Example Continuously Residing)
Documentation to support the statement of the qualified noncitizen that they reside in the U.S. and have continuously resided in the U.S. since prior to August 22, 1996. Several documents may be required to support the presence of the noncitizen in the U.S. The documentation may include, but are not limited to, the following:
Driver's license
Motor vehicle title(s) that lists the noncitizen
Rent or lease receipts or agreements that list the noncitizen
Mortgage records
Church records
School records for children that list the noncitizen
Income tax returns
Medical records
Statement from doctors indicating time frames the noncitizen was treated
Statement from clergy
Attorney records
USCIS records
Employment records
Once sufficient documentation has been obtained, cases involving a continuously residing determination should be reviewed at the local office or regional level prior to disposition.