N400 Continuous presence questions

sam20390

sam20390

New Member
hey folks, I am hoping to get some clarification related to N400 continous presence requirement for my mom (age 63). We got green cards in Mar 2009.

My mom tried N400 interview couple times in the past (2014, 2018) but failed due to English. We submitted N400 again last month hoping that she gets English waiver due to 55/15 rule. My dad is a US citizen so my mom's application was based on spouse (3 years requirement).

My parents took couple international trips to different countries since 2021
Oct 2022 - Mar 2023 -- 160 days
7 June 2023 - 23 May 2024 -- 350 days

Based on uscis manual, 350 days will raise question about continuous presence. However, my parents have resided in the same place since 2010, have active bank accounts and auto insurance policy. I'm also a US citizen (immediate family). Will these be sufficient to prove continuous presence? If not, do we need additional proofs?

thanks
 
Nobody can say if the almost-year-long absence will be accepted. I'd say it's 50/50 if she has a good reason. Does she need to apply for citizenship or can she wait? It's a lot of money to pay just to be rejected AGAIN, no? If money is no object, she can try.
 
She should be able to explain why she stayed more than 180 days outside us.
unless she has solid proof why she was unable to return or else it will be a total waste of money.
Please keep us posted.
 
We can explain the absence but my understanding is that the reason is not relevant. We will provide proof about immediate family members, residence proof (own a home since June 2010), active bank account proof, active auto policy proof. I was not sure whether this will suffice but seems like we will just have to give it a shot.
 
sharing an update

Mom had interview earlier this month, received approval during the interview and finished oath ceremony today. I was allowed as an interpreter, she was allowed to explain long trips. She was also exempted from english requirements. Interview started with quick intro, civics questions (got first 6 right), form walkthru and discussing continous presence.

Mom's application had couple concerns
1. Allowing me as an interpreter - Officer didn't even question it, just made me fill out and sign a form.
2. Continous presence - Officer did ask to explain back to back trips but mom's reasoning was sufficient. We also provided proofs such as maintaining residence, auto insurance (officer asked for registration but didnt have it) and bank accounts with regular transactions while she was abroad.

Overall, glad that this journey is over. Both of us were nervous but officer's professional and comforting demeanor helped.
 
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