CitizenShip Eligibility Question

[IL_LABOR]

My parents will complete there 5 years in US on Green Card in Jan 15th 2017 . The issue is they were out of the country for more than 180 days after getting their green cards in 2012. This occurred as my father had to undergo a serious Brain Surgery in India and it took him a while to recover. Since it was the first they were out for more than 180 days the immigration officer let them in after hearing his justification for medical reason.

Now my father wants to apply for Green Card for him and his wife but we are not sure if USCIS can give them a waiver on the continuous 180 day stay rule for 5 years for citizenship application.

I am hoping if anyone of you can help us guide if there can apply for citizenship now?

Thanks
Il_labor

 

[IL_LABOR]

As per https://www.uscis.gov/ilink/docView...1261/0-0-0-30960/0-0-0-31016.html#0-0-0-19579

It seems there are a few optios available, but this does not clear if stay out for more than 180 days due to a medical condition is considered. Can someone please help and clarify this situation for us? I would really appreciate any help?


(c) 316.2(a)(3) and (a)(6) shall disrupt the continuity of such residence for purposes of this part unless the applicant can establish otherwise to the satisfaction of the Service. This finding remains valid even if the applicant did not apply for or otherwise request a nonresident classification for tax purposes, did not document an abandonment of lawful permanent resident status, and is still considered a lawful permanent resident under immigration laws. The types of documentation which may establish that the applicant did not disrupt the continuity of his or her residence in the United States during an extended absence include, but are not limited to, evidence that during the absence: (Amended 9/24/93; 58 FR 49913)


(A) The applicant did not terminate his or her employment in the United States;

(B) The applicant's immediate family remained in the United States;

(C) The applicant retained full access to his or her United States abode; or

(D) The applicant did not obtain employment while abroad.

Thanks