Naturalization - Please advice

topaz318

Registered Users (C)
My parents become US permanent residents on May 27 1997. They had several trips outside the US which lasted anywhere from a few months to 2 years with a reentry permit. During the time they were out, I continued to claim them as my dependent on my tax returns. However for the last 5 years, they are trying to maintain continuous residence (please see below). When is the earliest they can apply for naturalization?

Mom Travel dates
Arrived on Sept 16 2016 - Departed on Dec 5 2016
Arrived on May 4 2017 - Departed on Jun 5 2017
Arrived on May 16 2018 - Departed on Nov 7 2018
Arrived on June 24 2019 and stayed


Dad Travel dates
Arrived on Sept 16 2016 - Departed on Dec 5 2016
Arrived on May 4 2017 - Departed on Jun 5 2017
Arrived on May 16 2018 - Departed on Aug 4 2018
Arrived on Sept 4 2018 - Departed on Nov 7 2018
Arrived on June 24 2019 and stayed
 
My parents become US permanent residents on May 27 1997. They had several trips outside the US which lasted anywhere from a few months to 2 years with a reentry permit. During the time they were out, I continued to claim them as my dependent on my tax returns. However for the last 5 years, they are trying to maintain continuous residence (please see below). When is the earliest they can apply for naturalization?

Mom Travel dates
Arrived on Sept 16 2016 - Departed on Dec 5 2016
Arrived on May 4 2017 - Departed on Jun 5 2017
Arrived on May 16 2018 - Departed on Nov 7 2018
Arrived on June 24 2019 and stayed


Dad Travel dates
Arrived on Sept 16 2016 - Departed on Dec 5 2016
Arrived on May 4 2017 - Departed on Jun 5 2017
Arrived on May 16 2018 - Departed on Aug 4 2018
Arrived on Sept 4 2018 - Departed on Nov 7 2018
Arrived on June 24 2019 and stayed
Just to clarify -

Mom Travel dates
Arrived in US on Sept 16 2016 - Departed from US on Dec 5 2016
Arrived in US on May 4 2017 - Departed from US on Jun 5 2017
Arrived in US on May 16 2018 - Departed from US on Nov 7 2018
Arrived in US on June 24 2019 and stayed


Dad Travel dates
Arrived in US on Sept 16 2016 - Departed from US on Dec 5 2016
Arrived in US on May 4 2017 - Departed from US on Jun 5 2017
Arrived in US on May 16 2018 - Departed from US on Aug 4 2018
Arrived in US on Sept 4 2018 - Departed from US on Nov 7 2018
Arrived in US on June 24 2019 and stayed
 
The issue here is whether they interrupted continuous residence. Read USCIS Policy Manual, Volume 12, Part D, chapter 3 for details on continuous residence. So they both had 2 absences of between 6 months and 1 year. An absence of between 6 months and 1 year is presumed to interrupt continuous residence, but this presumption can be overcome with certain types of strong evidence. We cannot predict whether the officer will determine that their evidence is sufficient to overcome the presumption or not. So there are several possibilities:
* If they overcome the presumption of interrupting continuous residence for both absences, then they never interrupted continuous residence, and they are eligible to apply for naturalization 5 years after they became permanent residents (and they can file 90 days early, so Jun 18, 2021)
* If they are unable to overcome the presumption of interrupting continuous residence for the second absence, they must wait until 4 years and 6 months after their return from the second absence (i.e. Dec 24, 2023) before they can apply for naturalization.
* If they are able to overcome the presumption on the second absence, but not on the first absence, they must wait until 4 years and 6 months after their return from the first absence (i.e. Nov 16, 2022) before they can apply for naturalization.
 
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