Parents US Citizenship

[Srikanthav]

Thank You for taking my question - Appreciate all your help

My Parents are permanent residents since October 10th 2007 and are now they are eligible to apply for US Citizenship. They were travelling every year to India and each trip was less than 180 days except one. They left US in Jan 2008 and were their for 10 months and came back in Nov 2008, the plan was to come back within six months, but due to my Dad's health condition (Had Angioplasty follwed with stent procedure and also had back issues) , they delayed the travel. The total number of days they were out of the country is 810 days in past five years.
Would this above mentioned trip cause any issue with their citizen ship application?

Trips to India:

Departure Return Number of Days

Jan 9th 2008 - Nov 5 2008 296 days
July 12th 2009 - Dec 26th 2009 164 days
Sep 14th 2010 - March 10th 2011 176 days
Nov 15th 2011 - May 9th 2012 174 days

 

[BigJoe5]

Thank You for taking my question - Appreciate all your help

My Parents are permanent residents since October 10th 2007 and are now they are eligible to apply for US Citizenship. They were travelling every year to India and each trip was less than 180 days except one. They left US in Jan 2008 and were their for 10 months and came back in Nov 2008, the plan was to come back within six months, but due to my Dad's health condition (Had Angioplasty follwed with stent procedure and also had back issues) , they delayed the travel. The total number of days they were out of the country is 810 days in past five years.
Would this above mentioned trip cause any issue with their citizen ship application?

Trips to India:

Departure Return Number of Days

Jan 9th 2008 - Nov 5 2008 296 days
July 12th 2009 - Dec 26th 2009 164 days
Sep 14th 2010 - March 10th 2011 176 days
Nov 15th 2011 - May 9th 2012 174 days

It is possible to overcome the presumption of a break in residence based on what you said. See 8 CFR 316.5 (c)(1)(i)(A)-(D). It would require gathering and submitting extra paperwork as evidence.

The easier thing to do would be to have them wait until Nov 6, 2012 to file their N-400s because by then they would have waited 4 years and 1 day since the BIG break.

Even then it may still be a long drawn out adjudication because they don't appear to really want to live in the United States on a permanent basis. Will they have any "other issues" to deal with? How are their English and Civics skills, for example? Taxes, maintained a home in the U.S.?