absence for more than 6 months and less than 1 year

K

Ks2410

New Member
Hi asking this question on behalf of my parent:

They landed in March 2017
My dad got seriously ill and was hospitalized for 2 months.
went back to home country in July 2017 ( to complete the medical course)
Came back to States in April 2018.

Can he apply for Citizenship now? or will have to calculate his eligibility from April 2018 onwards.


thank you for your help.
 
See USCIS Policy Manual, Volume 12, Part D, Chapter 3 for rules regarding continuous residence.

Basically, for an absence of between 6 months and 1 year, he is presumed to have interrupted continuous residence, but this presumption can be overcome with certain types of evidence. If he overcomes this presumption, his continuous residence is not interrupted, and he is within 90 days of 5 years of continuous residence so he can file now. If he does not overcome this presumption, he must wait until 4 years + 6 months after he returns from his absence, so around October 2022, before he can file.
 
Thank you for your quick response.

Follow-up question:

Have you seen anyone with Medical reasons who was able to overcome the presumption?

If we apply at Charlotte, will we get a decision of approval or rejection by October 2022?

will rejection adversely affect the re-application in October??

Thank you
 
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