Mom on GC stuck Flight Cancelled

K

ksll

New Member
My elderly mom is in India and has return ticket in May, which is at the end of her sixs month stay outside US, but airline cancelled the flight due to corona and at the present situation it does not seem travel is possible or advisable .
If she stays more than six months outside US, does it break "continuous residence" requirement i.e “the statutory period” when she is eligible to file naturalization at the end of her 5 year green card status ?
Could you please sugegst what is the best course of action in this case, not to break "continuous residence" requirement ?
As per USCIS site "Absences of more than six months but less than one year may disrupt an applicant’s continuous residence".
 
For an absence of between 6 months and 1 year, there is a presumption that "continuous residence" for naturalization is interrupted, but that presumption can be overcome with strong evidence of ties to the US. See the USCIS Policy Manual chapter on Continuous Residence.
 
When do we need to show the strong evidence.. during naturalization application or interview? I mean with this situation.. does it even allow us to submit online N400 application six months prior to five year period? Thank you for your kind reply.
 
ksll said:
When do we need to show the strong evidence.. during naturalization application or interview? I mean with this situation.. does it even allow us to submit online N400 application six months prior to five year period? Thank you for your kind reply.
Click to expand...
You can never submit 6 months prior, it is 90 days. The online application will flag any potential issues but will not stop you submitting. Evidence will be presented at interview.
 
ksll said:
My elderly mom is in India and has return ticket in May, which is at the end of her sixs month stay outside US, but airline cancelled the flight due to corona and at the present situation it does not seem travel is possible or advisable .
If she stays more than six months outside US, does it break "continuous residence" requirement i.e “the statutory period” when she is eligible to file naturalization at the end of her 5 year green card status ?
Could you please sugegst what is the best course of action in this case, not to break "continuous residence" requirement ?
As per USCIS site "Absences of more than six months but less than one year may disrupt an applicant’s continuous residence".
Click to expand...

When your absence is for well explained reasons, the green card is safe.
 
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