Chances of getting citizenship if continuous residency rule broken once in 5 years?

anna1984

anna1984

New Member
Hello, I wonder if anybody has experience or knows someone in a situation when continuous residency (absence from the US for less than 6 months) was broken once in 5 years. My mom once stayed outside the US for longer than 6 months because my grandfather had passed away and she was waiting for the documents in order to inherit his property, which in Ukraine you have to wait for 6 months after the person passed away. Will it be possible to explain it to the immigration if she has grandfather's death certificate and the document about inheriting his property with the certain date listed on it? Should she send copies of these documents along with the application? What are the chances of her application being denied? Thanks so much!
 
Does she have evidence that she maintained all her ties to the US during this time, including unrestricted right to where she lived before and after? If so she can try by rebutting the presumption of breaking continuous residence.

From the USCIS manual: https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3

Absence of More than Six Months (but Less than One Year)

An absence of more than six months [more than 181 days but less than one year (less than 365 days)] during the period for which continuous residence is required is presumed to break the continuity of such residence. This includes any absence that takes place prior to filing the naturalization application or between filing and the applicant’s admission to citizenship.

An applicant’s intent is not relevant in determining the location of his or her residence. The period of absence from the United States is the defining factor in determining whether the applicant is presumed to have disrupted his or her residence.

An applicant may overcome the presumption of loss of his or her continuity of residence by providing evidence to establish that the applicant did not disrupt his or her residence. The evidence may include, but is not limited to, documentation that during the absence:

The applicant did not terminate his or her employment in the United States or obtain employment while abroad.

The applicant’s immediate family remained in the United States.

The applicant retained full access to his or her United States abode.
 
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