N400 - Time Outside USA

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rach21

New Member
My parents got green card in 2007 and renewed again in 2017.
Now we are planning to file N400 for citizenship.
In the last 5 years, one trip outside US was 7 months due to health reasons.
Total stay out of USA was 774 days (5 trips is last 5 years).
Need advice if they can apply for citizenship .. main concern is the trip for 7 months. If we apply, do we submit the doctor letter with the form ?
 
Can they show that they maintained ties to the US during that 7 months (for example did they continue to pay rent/own a property that they have sole or main access to)? If they can overcome the presumption of breaking residency they can apply, if not they should wait till 5 years after the date of return. The doctor’s letter is irrelevant imo because it is not intent that is the determinant, see excerpt from the uscis policy manual below:

https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3

1. Absence of More than Six Months (but Less than One Year)

An absence of more than six months [more than 181 days but less than one year (less than 365 days)] during the period for which continuous residence is required is presumed to break the continuity of such residence. This includes any absence that takes place prior to filing the naturalization application or between filing and the applicant’s admission to citizenship.

An applicant’s intent is not relevant in determining the location of his or her residence. The period of absence from the United States is the defining factor in determining whether the applicant is presumed to have disrupted his or her residence.

An applicant may overcome the presumption of loss of his or her continuity of residence by providing evidence to establish that the applicant did not disrupt his or her residence. The 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 remained in the United States.

The applicant retained full access to his or her United States abode.
 
They do not pay rent or own any property in US. The time outside US history-
1/21/15 - 5/14/15 117 days outside US
11/4/15 - 6/12/16 220 outside US
11/16/16- 4/24/17 158 outside US
2/11/18- 8/3/18 172 outside US
2/15/19 - 6/3/19 107 outside US

Total==== 774 days < 30 months

Stay in US since 6/12/16 is more than 30 months. Since 6/12/16 there is no stay outside US for more than 180 days. Will this help ?
 
rach21 said:
They do not pay rent or own any property in US. The time outside US history-
1/21/15 - 5/14/15 117 days outside US
11/4/15 - 6/12/16 220 outside US
11/16/16- 4/24/17 158 outside US
2/11/18- 8/3/18 172 outside US
2/15/19 - 6/3/19 107 outside US

Total==== 774 days < 30 months

Stay in US since 6/12/16 is more than 30 months. Since 6/12/16 there is no stay outside US for more than 180 days. Will this help ?
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Then I don’t see how they could show any evidence that they did not break continuous residence. I am not a lawyer of course but in my opinion they need to wait till 5 years after their return on 6/12/16 (less 90 days allowed for filing) to apply N400.

In addition, if they still have no abode of their own and looking at the time lengths you have shown above I would expect some questions about the regular long absences that seem designed to just follow the letter of the law. From the same source above, “An officer may also review whether an applicant with multiple absences of less than 6 months will be able to satisfy the continuous residence and physical presence requirements. In some cases, an applicant may not be able to establish that his or her principal actual dwelling place is in the United States”. Do they own or rent property in their home country?
 
rach21 said:
They own property in their home country. Here they stay with us. They got greencard in 8/9/2007.
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Owning property back in home country with those frequent stays outside of the USA coupled with not leasing or having property here , is tough to prove ties were maintained but doable. Only way to find out for sure is to file . No one here would be able to give you a definite answer as to whether the n400 would be a success .
GL
 
Jbuff said:
Owning property back in home country with those frequent stays outside of the USA coupled with not leasing or having property here , is tough to prove ties were maintained but doable. Only way to find out for sure is to file . No one here would be able to give you a definite answer as to whether the n400 would be a success .
GL
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What evidence do you propose they provide to overcome the presumption of break in continuous residence in 2016?
 
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