Filing Citizenship for parents

[chicagonatur 0]

I have a scenario I was hoping to get the forums thoughts on:

My parents had been granted permanent residency in 2001. They were shuttling back between the US and the home country for the first few years while they wound up their affairs at home.

Starting 3/2008, they have never been out of the US for more than 6 months - with the max stay being a couple of months for travel abroad. Prior to 3/2008, they were in the US from 4/2007 to 5/2007. I am trying to figure out if we can start the citizenship continuous stay period from 4/2007. My parents are both retired as of 2006 and have been living with me. Since they haven't worked in the US or have a residence in their name, would a letter from me stating their residence with me help? I have them listed as dependents on my tax returns if that helps?

Your help is much appreciated!

[Captain Oates 910]

I have a scenario I was hoping to get the forums thoughts on:

My parents had been granted permanent residency in 2001. They were shuttling back between the US and the home country for the first few years while they wound up their affairs at home.

Starting 3/2008, they have never been out of the US for more than 6 months - with the max stay being a couple of months for travel abroad. Prior to 3/2008, they were in the US from 4/2007 to 5/2007. I am trying to figure out if we can start the citizenship continuous stay period from 4/2007. My parents are both retired as of 2006 and have been living with me. Since they haven't worked in the US or have a residence in their name, would a letter from me stating their residence with me help? I have them listed as dependents on my tax returns if that helps?

Your help is much appreciated!

Starting with the start date on their green cards, they must not have been out for more than 50% of the total time in the qualifying period (5years) and no trip to exceed 6 months

They can file 90 days short of the 5 year anniversary of the date on the GC

Dont pinch it for a day or two - do it day 88

Edited December 11, 2010 by Alan the Red

[Brother Hesekiel 2,235]

If you want a competent answer, list all their absences from the US since they became residents in 2001:

2001:

2002:

2003:

2004:

2005:

2006:

2007:

2008:

2009:

You may be in for a shock, or not, depending . . .

Edited December 11, 2010 by Just Bob

[chicagonatur 0]

Thanks very much! I have listed the US Stay periods below (this is the time they were physically in the US):

In Out

4/12/2007 5/27/2007 1 month, 15 days

3/26/2008 10/1/2008 6 months, 5 days

3/7/2009 12/10/2009 9 months, 3 days

2/18/2010 5/31/2010 3 months, 13 days

6/22/2010 Present

Not sure why time from 2001 counts. I was informed during my N400 process that USCIS only cares about the preceeding 5 yrs.Is that not the case?

The question I have is whether we can apply 4 yrs and 9 months from 4/12/2007 or is the clock starting from 3/26/2008? The reason I ask is I read on the N400 guide:"If you return within 2 yrs, the last 364 days counts towards continuous residence". If that is the case, we should be able to start the clock from (3/26/2008 - 364 days). Does that sound right? Thanks very much!

Edited December 12, 2010 by chicagonatur

[Brother Hesekiel 2,235]

You are mistaken in your assumption that only the past 5 years have any bearing on a citizenship application.

One has to have accumulated at least 5 years of uninterrupted permanent residency in order to be eligible for citizenship. However, if your parents got their Green Cards in 2001, then all of these 9 years of residency count in one way or another.

You are listing only the absences for the past 3 years. On those, I can detect one "idle" time of 3 days and one period of 3 months and 3 days during which the residency clock stopped, yet started again when they returned to the US. That's all fine and dandy, but what anybody, even the best immigration attorney would need to know is the absences during the years 2001 and 2006.

Keep in mind, those have to be listed on the N-400 application anyway, so if there's a dealbreaker hidden in there (which would be the case if there was an absence of a year or longer), then it's better you get to know this NOW instead of when your parents are sitting in front of the I.O. at the interview.

[chicagonatur 0]

You are mistaken in your assumption that only the past 5 years have any bearing on a citizenship application.

One has to have accumulated at least 5 years of uninterrupted permanent residency in order to be eligible for citizenship. However, if your parents got their Green Cards in 2001, then all of these 9 years of residency count in one way or another.

You are listing only the absences for the past 3 years. On those, I can detect one "idle" time of 3 days and one period of 3 months and 3 days during which the residency clock stopped, yet started again when they returned to the US. That's all fine and dandy, but what anybody, even the best immigration attorney would need to know is the absences during the years 2001 and 2006.

Keep in mind, those have to be listed on the N-400 application anyway, so if there's a dealbreaker hidden in there (which would be the case if there was an absence of a year or longer), then it's better you get to know this NOW instead of when your parents are sitting in front of the I.O. at the interview.

Thanks Bob. I should have done a better job of listing the dates. The dates below are for periods when they were in the US. For example:

4/12/2007 5/27/2007 1 month, 15 days means they were in the US from 4/12/2007 to 5/27/2007 for a total of 1 month, 15 days.

I have relisted the data below:

Periods of Stay in the US:

From 4/12/2007 To 5/27/2007 for a total stay of 1 month, 15 days

From 3/26/2008 To 10/1/2008 for a total stay of 6 months, 5 days

From 3/7/2009 To 12/10/2009 for a total stay of 9 months, 3 days

From 2/18/2010 To 5/31/2010 for a total stay of 3 months, 13 days

From 6/22/2010 To Present

I don't have the exact dates from 2001 but I am confident of the following:

There was one absence for over a year during this time but my parents were allowed in because they had applied for and received a rentry permit.

In all other years prior to 2007 they were never physically out of the US for more than one year at a time. So I am guessing we should be ok here.

My question is: when are they considered to have completed 5 yrs on "unbroken" continuous residence (with broken residence defined as being out of the US for more than 6 months)? If I go by only that, it would mean the 5 year clock started on 3/26/2008. However if, i include the one year before that (because of the 364 day rule), then it is 3/26/2008 -364 days : or 3/27/2007. Any thoughts?