Stayed out of US for more than 6 months ..what to do..?

[sg678]

Hi. My dad who is 72 has citizenship interview soon.
In last 5 years, he has been out of USA for more than 6 months
in a year on 2 occassions. From the citizenship booklet
it seems that he may not be meeting the requirements.

On both occassions he was out for extended stay due
to health reasons. Does anybody have any experience
with this kind of situation..?? Will USCIS be willing to
accept this as a valid reason..??

Thanks

 

[Bobsmyth]

Hi. My dad who is 72 has citizenship interview soon.
In last 5 years, he has been out of USA for more than 6 months
in a year on 2 occassions. From the citizenship booklet
it seems that he may not be meeting the requirements.

On both occassions he was out for extended stay due
to health reasons. Does anybody have any experience
with this kind of situation..?? Will USCIS be willing to
accept this as a valid reason..??

Thanks

Leaving the country for more than 6 months due to reasons is not sufficient evidence to overcome the assumption of continuous residency abandonment intend. His application for naturalization will most likely be denied.

 

[Jackolantern]

Leaving the country for more than 6 months due to reasons is not sufficient evidence to overcome the assumption of continuous residency abandonment intend. His application for naturalization will most likely be denied.

I don't think so. If the trips were under 1 year, and were not back-to-back, he should be able to present evidence to overcome the presumption of breaking continuous residence.

 

[Bobsmyth]

I don't think so. If the trips were under 1 year, and were not back-to-back, he should be able to present evidence to overcome the presumption of breaking continuous residence.

Correct, but health issues is not listed as supporting evidence in 8 CFR 316.5(c)(1)(i). I would think it would take much more than just health issue to overcome the presumption of breaking continuous residence.

 

[boatbod]

Correct, but health issues is not listed as supporting evidence in 8 CFR 316.5(c)(1)(i). I would think it would take much more than just health issue to overcome the presumption of breaking continuous residence.

If the reason was his own health issues, I'd agree he has a problem; USCIS will legitimately say that it was his choice not to obtained healthcare in the US, and thus he actually chose to reside abroad for a period of time. Possibly you could rebut the presumed break in residence if the health problem occurred while he was already abroad and therefore stopped him flying back to the US.

 

[Jackolantern]

Correct, but health issues is not listed as supporting evidence in 8 CFR 316.5(c)(1)(i). I would think it would take much more than just health issue to overcome the presumption of breaking continuous residence.

And I didn't say the health issues would be the supporting evidence. He would have to show the usual ... tax filings, US home ownership or lease, bank accounts, etc. If that is shown, and the trips were not back-to-back, I wouldn't put his chances as "most likely denied".

 

[Bobsmyth]

My response was based on the limited information that the poster provided. I made no assumptions that his dad retained a US residence while away, filed taxed the entire time, immediate family stayed in US while during absence, operated/owned US business etc..

 

[shanchak]

Hi. My dad who is 72 has citizenship interview soon.
In last 5 years, he has been out of USA for more than 6 months
in a year on 2 occassions. From the citizenship booklet
it seems that he may not be meeting the requirements.

On both occassions he was out for extended stay due
to health reasons. Does anybody have any experience
with this kind of situation..?? Will USCIS be willing to
accept this as a valid reason..??

Thanks

I have a situation exactly like yours.Mine is two back to back travel abroad-one more than 6 months and after 24 days stay at USA another 3 and 1/2 months.
I have planned to apply anyway.
My advise is go ahead with the interview with a positive mind.I am sure except this more than 6 months problem other requirement are ok.Tell them the truth and let them decide whatever they want to do.Even if it is denied,it is not the end of the World.
I want wish him best of luck for the interview
After the interview can you let us know the result?

 

[Bobsmyth]

I have a situation exactly like yours.Mine is two back to back travel abroad-one more than 6 months and after 24 days stay at USA another 3 and 1/2 months.
I have planned to apply anyway.
My advise is go ahead with the interview with a positive mind.I am sure except this more than 6 months problem other requirement are ok.Tell them the truth and let them decide whatever they want to do.Even if it is denied,it is not the end of the World.
I want wish him best of luck for the interview
After the interview can you let us know the result?

It's best to apply with the required evidence rather than to ride shutgun and see what happens. Anticipate what USCIS will ask before the interview and provide the required evidence before they deny the case.

 

[shanchak]

It's best to apply with the required evidence rather than to ride shutgun and see what happens. Anticipate what USCIS will ask before the interview and provide the required evidence before they deny the case.

That is very true.One should be prepared with enough evidence and good explanation for the extended stay.That is good for the interview but rest is ride shotgun and see what happens.

I do not understand if a person came back to USA after extended stay , this coming back is not good enough evidence to show no intention of staying abroad?

 

[Jackolantern]

I do not understand if a person came back to USA after extended stay , this coming back is not good enough evidence to show no intention of staying abroad?

The key is "continuous residence". For naturalization, it is not sufficient to show that you currently have the intent to reside in the US; you need to show that you continuously maintained that intent during your extended absences. Coming back at the end of the trip isn't good enough evidence to show that the intent to return was maintained during the trip; additional proof is required.