Urgent!! Any case law on staying out of the US due to circumstances beyond one's control?

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mariainclt

Registered Users (C)
Does anyone know if there is any law/regulation...anything that states mitigating circumstances when someone stays outside of the US longer than expected? Example..being outside the US over 6 months due to medical reasons, not being allowed to fly back.....is there any case law, court ruling...anything?

Thanks!!
 
mariainclt said:
Does anyone know if there is any law/regulation...anything that states mitigating circumstances when someone stays outside of the US longer than expected? Example..being outside the US over 6 months due to medical reasons, not being allowed to fly back.....is there any case law, court ruling...anything?

Thanks!!
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Again, the "Guide to Naturalization" should answer your question as far as Naturalization is concerned. Its best to combine your questions into one thread especially if they are related. In any case here is the link again. Read this guide thoroughly and it should answer most of your questions.

http://www.uscis.gov/files/article/M-476.pdf

For stays between 6 months and 1 year the onus is on you to prove continuous residence.
 
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Thanks for the link. I did not want to post both questions together and they would potentially ref to different case law.
I do understand the onus is on me to prove I have not broken continuous residence...that was not my question. I am looking for actual case law or any regulations, memos, anything I can quote, where an applicant facing circumstances outside their control that have delayed their return to the US and those circumstances have been seen as "mitigating".
Thanks.
 
I'm not aware of any case law where circumstances beyond the applicant's control has been successfully used as an argument to explain break in continuous residency.
 
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