Thoughts on overcoming a presumption of a break in the continuity of residence

S

SoCal90401

Member
Hello everyone, I'm interested in your thoughts on the risks around staying out of the country between 6 and 12 months and overcoming a presumption of a break in the continuity of our residence (for naturalization).

My wife and I are LPR's (GC). Our child is a US citizen.

We've all been out of the county for 4 months now caring for one of our mothers who is seriously ill with a terminal illness. She is hanging on and while we have flights booked to return at the 5 and a half month mark we are considering staying on for a bit longer (more than 6 months but less than 12). We know there are risks with this from both the standpoints of maintaining LPR and continuity of residence for naturalization purposes.

It appears that maintaining LPR is less risky so my question is more around continuity of residence. Will it be hard to overcome a presumption of a break when applying for naturalization in 2022? Is there any risk? Is there anything that we can do to help our cause?
  • One of us is employed by a US company and is working remotely. The other does not work.
  • Own a house that we have full access to (mortgage, property tax, utilities, insurance, etc).
  • Own vehicles
  • Have US bank accounts
  • No other employment while abroad
  • Continue to file taxes as residents.
  • All other overseas trips have been short i.e. 1-3 weeks to various countries for work and pleasure.

The US is our home. Thanks in advance.
 
SoCal90401 said:
Will it be hard to overcome a presumption of a break when applying for naturalization in 2022? Is there any risk? Is there anything that we can do to help our cause?
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To be 100% sure you don't break Continous Residency is to come back before the 6 month mark. Sounds like you have a good case in proving you didn't break residency with all the info you listed . Nothing is written in stone, who knows what the IO would think ! I have the link from the USCIS website below . Just in case you haven't read it as yet GL
https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3
 
Thanks @Jbuff, I thought that may be the case. Although it appears we make a good case to prove we didn't break residency, it adds risk as the IO gets to decide. It would be no longer black and white.
 
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