Break in Continuous residency with re-entry permit?

K

Kira888

New Member
14 months after my parents got their Greencard, my mother had to leave the US for about 18 months for cancer treatment (Her doctors advised her not to travel during her treatment and her treatment was based off of a successful clinical trial drug not available in the US)

We obtained a re-entry permit for them before they left and have all the documents pertaining to her illness. They have currently entered the US successfully with their Greencard after the treatment was completed, but because they stayed out of the country for 18 months, will their continuous residency clock reset to zero? Even with the re-entry permit and a valid excuse for staying abroad? They still have their bank accounts here and they live with me and plan on living in the US permanently.

Thank you.
 
Yes, their continuous residence is definitely interrupted. With an trip of more than one year it will definitely be interrupted regardless of the reasons. The only thing that would have preserved continuous residence is if they filed N-470, which required them to be employed by a US company abroad.

Anyway, they will qualify for naturalization 4 years and 1 day after they returned from that trip.
 
I have a followup question here. My mother also left US for about 18 months and then returned. She will complete 4 years monad 1 day and we plan on filing N-400 for her after 4 yr/1d. In the instructions it says you have to show that you continued to maintain ties to US. She was my dependent. Did no job. How to prove her ties to US? She was on my taxes as dependent since last 4 years but not during the year when she was out of country. She is not on any utility bill since she doesn't work or earn.

Please help.
 
I think you misread the instructions. There is a part about what evidence to provide for absences of between 6 months and 1 year to prove that she didn't interrupt continuous residence. However, she was absent for more than 1 year and did interrupt continuous residence. There is no question about that, and there is nothing to prove.
 
She left on Parole visa for those 18 months. Then returned fine. Everything else is in order. Do you think there will be any issues?
 
newacct said:
Yes, their continuous residence is definitely interrupted. With an trip of more than one year it will definitely be interrupted regardless of the reasons. The only thing that would have preserved continuous residence is if they filed N-470, which required them to be employed by a US company abroad.

Anyway, they will qualify for naturalization 4 years and 1 day after they returned from that trip.
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Does this 4 years 1 day apply regardless of how long you had been a GC holder for? I only had my GC for about 5 months and was employed abroad during that time so I presume I broke continuity..4 years and 1 day would be good I think and weirdly would be shorter than my intial earliest filing date
 
nervouswreck said:
Does this 4 years 1 day apply regardless of how long you had been a GC holder for? I only had my GC for about 5 months and was employed abroad during that time so I presume I broke continuity..4 years and 1 day would be good I think and weirdly would be shorter than my intial earliest filing date
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How long were you outside the US? It is clarified here that the 4-years-and-1-day rule only applies for people who absent from the US for more than 1 year who are able to overcome the presumption of interrupting continuous residence during the last year of their absence. If they are unable to overcome the presumption of interrupting continuous residence during the last year of their absence, then they have to wait 4 years and 6 months, which is the same as for someone who was absent for between 6 months and 1 year, who are unable to overcome the presumption of interrupting continuous residence.
 
newacct said:
How long were you outside the US? It is clarified here that the 4-years-and-1-day rule only applies for people who absent from the US for more than 1 year who are able to overcome the presumption of interrupting continuous residence during the last year of their absence. If they are unable to overcome the presumption of interrupting continuous residence during the last year of their absence, then they have to wait 4 years and 6 months, which is the same as for someone who was absent for between 6 months and 1 year, who are unable to overcome the presumption of interrupting continuous residence.
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I was out less than 6 months but I had a job in that time and will file taxes for that. How should calculate my time for the 913 days thing?! TIA
 
nervouswreck said:
I was out less than 6 months but I had a job in that time and will file taxes for that. How should calculate my time for the 913 days thing?! TIA
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You did not interrupt continuous residence if you were outside the US for less than 6 months. You need to have physical presence for half of the continuous residence period (i.e. 2.5 years out of the last 5 years). Just count the days you were in the US in the last 5 years.
 
newacct said:
You did not interrupt continuous residence if you were outside the US for less than 6 months. You need to have physical presence for half of the continuous residence period (i.e. 2.5 years out of the last 5 years). Just count the days you were in the US in the last 5 years.
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Am I still good even if I was still working for my company abroad? I worked for 5 more months before moving permanently to the US. In that time, I think I visited the US three or four times
 
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