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Continuous Residency Requirement Question?

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  • Continuous Residency Requirement Question?

    Thinking of applying for US Citizenship for my parents who got their green card in Apr 2011. But during the last five years they have taken two trips abroad with each trip lasting a little over 180 days(184 and 186 days to be exact). Will this break the continuous residency requirement of trips outside the US of six months or more but less than 1 year and if so what proof do they need to provide to satisfy USCIS. My Parents are elderly and retired and live with me.

  • #2
    There is no "absolute denial" rule for trips of 6 months or more, but will become a discretionary issue by the reviewers. This could go either way, but stands a good chance of a denial (for each parent) with loss of the $680 submittal fee.

    --Ray B

    Originally posted by BamaFanInAtl View Post
    Thinking of applying for US Citizenship for my parents who got their green card in Apr 2011. But during the last five years they have taken two trips abroad with each trip lasting a little over 180 days(184 and 186 days to be exact). Will this break the continuous residency requirement of trips outside the US of six months or more but less than 1 year and if so what proof do they need to provide to satisfy USCIS. My Parents are elderly and retired and live with me.

    Comment


    • #3
      Originally posted by rayb View Post
      There is no "absolute denial" rule for trips of 6 months or more, but will become a discretionary issue by the reviewers. This could go either way, but stands a good chance of a denial (for each parent) with loss of the $680 submittal fee.

      --Ray B
      Thanks Ray for confirming what i suspected.

      Comment


      • #4
        Originally posted by BamaFanInAtl View Post
        Thanks Ray for confirming what i suspected.
        As per a recent interview exchange, the IO qualified the 6 month requirement for of the N-400 application to be : 186 Days.
        Not suggesting anything, but I feel your parents stand a good chance and should most probably "get through."

        This, because of the combining factors:
        (a) The outer time limits having not "crossed"
        (b) the applicants may be treated leniently given their seniority, and
        (c) as pointed out by rayb there isn't a de facto denial rule for 6 month trips...

        ...my 2 cents and grain-of-salt etc

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        • #5
          I agree on the flexibility USCIS reviewers may extend when travel history shows minor instances of the 6-month periods being stretched. Elderly applicants may very well be approved, while younger applicants might be "disapproved" for ignoring "continuous residence" rule.

          --Ray B

          Originally posted by mskathir View Post
          As per a recent interview exchange, the IO qualified the 6 month requirement for of the N-400 application to be : 186 Days.
          Not suggesting anything, but I feel your parents stand a good chance and should most probably "get through."

          This, because of the combining factors:
          (a) The outer time limits having not "crossed"
          (b) the applicants may be treated leniently given their seniority, and
          (c) as pointed out by rayb there isn't a de facto denial rule for 6 month trips...

          ...my 2 cents and grain-of-salt etc

          Comment


          • #6
            Technically it's a problem, but these kinds of things can be argued at the interview. Did you maintain any ties in the US (lease, property, US IDs, US credit cards, employment, college offer)? If so, bring them with you to the interview.

            Comment

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