Greencard to Citizenship Question

F

fremontca24

New Member
Hello,
I would like to understand what is requirement from Greencard to Citizenship.
Here are the dates that my mom was in USA with me. There is a big gap in between due to my father passing away in India due to Parkingson.
In total she has spent only 22 months so far. But if we take into account her break and that may restart the clock it is only 11 months.
Questions :
1) Due to Covid or my dad's disease can we request for exemption and include the pre covid period as well?
Experience with any similar situation will be helpful.
2) What is the requirement overall i.e
a. How much longer I can apply for her citizenship. Assuming that she stays here now.

18-Jul-201727-Oct-20173
11-Apr-201811-Sept-20185
26-Feb-201909-May-20192
01-Nov-201910-Dec-20191
30-May-202122-Nov-20215
01-May-202206-Nov-20226
 
TO be exact on days she has done 735 days since 18-Jul-2017 but with a break in between where she was out of country for longer than 180 days.
 
There are two main requirements for naturalization. Assuming that your mom is applying under the 5-year rule, she needs to have had "continuous residence" in the US as a permanent resident for the last 5 years (see USCIS Policy Manual, Chapter 12, Part D, chapter 3), and she needs to have had "physical presence" in the US for half (2.5 years) of those 5 years (see USCIS Policy Manual, Chapter 12, Part D, chapter 4).

The main issue with her is continuous residence. She had an absence of more than 1 year, so her continuous residence was definitely interrupted. How long she has to wait until she can naturalize depends on whether she can present certain strong evidence of ties to the US during the last year of her absence. If she can present such evidence, she gets to count her last year of absence minus 1 day as continuous residence, so she can apply for naturalization 4 years + 1 day after her return (May 31, 2025). If she cannot present such evidence, she can only count her last 6 months of absence as continuous residence, so she can apply for naturalization 4 years + 6 months after her return (November 30, 2025). We cannot predict whether the officer will determine her evidence to be sufficient or not.
 
Newacct, thanks. What will constitute strong evidence of ties?
Can we also hire an attorney to request an exception to the rule?
 
Read the chapter on continuous residence.

However, an applicant may overcome the presumption of a break in the continuity of residence by providing evidence to establish that the applicant did not disrupt the continuity of his or her residence. Such 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 members remained in the United States; and

The applicant retained full access to or continued to own or lease a home in the United States.
Click to expand...
 
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