That is not true. An absence of 6 months creates a presumption of breaking continuous residence, but it is not an absolute thing. If the absence is less than 12 months, the applicant is allowed to present evidence of their ties to the US during that absence in order to overcome the presumption, and the interviewer will use their discretion to evaluate it and make a decision.
Originally Posted by mast
If they kept a house or apartment in the US while they were gone, and had a spouse and/or minor children remaining in the US during that 8 month trip, and there were no other long trips, I think their chances of approval are fairly good. However, it is subjective so we cannot reliably predict what the interview will decide. Advise your relative to gather up evidence of ties of having to the US during that trip (rental agreement or mortgage statements, bank statements, etc.) and apply and see what happens.
EB3 ROW I-485 Approved: July 2007
USC: July 2013
I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.