Continuous Residency Issue: Maintaining Green Card AND Naturalization

[guccimane]

My understanding is that the criteria for determining continuous residency is stricter for naturalization eligibility than for determining abandonment of permanent residency. I will appreciate the input of knowledgeable folks here on this issue:

Father in native country is aging, ailing and deteriorating physically and mentally, and in initial stages of Alzheimer’s. Conditional Permanent resident son [married to US citizen wife] wants to go and help provide care for him and spend time with him after being away for fourteen years. He anticipates a travel pattern of 5 months away, one month back in the USA, another 5 months away, two months back in the USA, four months away, and then a return to the USA for good.

Son plans to ask for FMLA from employer (which will only be granted for 3 months) upon expiration of which he will resign thus US employment will be terminated. He plans to leave for home country without requesting reentry permit. During said absence sons wife will be based in the USA (they have no kids) , will maintain their joint abode, and will not work nor seek work abroad.

Three months upon his return, he will be 33 months into his permanent residence status and plans to file for citizenship based on marriage.

What are his chances of:

1. Being found to have abandoned his permanent residence status.

2.For naturalization purposes, being found to have broken continuous residence.

Thanks.

 

[raevsky]

and then a return to the USA for good

What happens if he needs to travel there again and again?

 

[cafeconleche]

If you stick to this pattern, because of your ties to the US, it would be unlikely that you will be deemed to have abandoned your status here. As for citizenship, it depends on the interviewer, really. With documentation showing the reason for your extensive time abroad, there is a good chance you will be ok for both purposes, but there is no 100% guarantee. A re-entry permit would be very beneficial, even if you don't spend one continuous period outside the US.