Corona Virus :::: Green card holder over stay outside of United States more than 6 months

[butterfly25 0]

Good Morning , 

 

My father 82 years old currently visiting overseas . He  had a return ticket back to USA last week but due to corona Virus spread world wide  he did n't feel confident to travel ,   so he cancelled his trip . Six months outside of USA end on 20 th march 2020 .  He could apply for citizenship in July 2020   but as he will be outside of USA for more than 6 months he will break his continuous residency  status .  In this circumstance , could anyone advise if he could still go for Citizenship application providing the current situation around the world  . Should he call immigration inform them his situation or what should he do now  !!!  Thank you so very much . 

[Boiler 45,525]

He should not apply for Citizenship until he is qualified to do so.

[Just Paul 4,595]

Per the USCIS Manual :

 

However, an applicant may overcome the presumption of a break in the continuity of residence by providing evidence to establish that the applicant did not disrupt the continuity of his or her residence. Such evidence may include, but is not limited to, documentation that during the absence:^[14]

• The applicant did not terminate his or her employment in the United States or obtain employment while abroad;

• The applicant’s immediate family members remained in the United States; and

• The applicant retained full access to or continued to own or lease a home in the United States.

 

•  

[geowrian 22,337]

Option 1: Wait until he has clearly maintained his continuous residence to qualify for naturalization.

 

Option 2: File the N-400 and argue that he did not break continuous residency because [x/y/z]. This is possible, but it is ultimately the IO's decision if he did or did not. The break abroad of > 6 months but < 12 months has a presumption of breaking it that he has to overcome.

 

Only harm with #2 is the application fee to find out. Nobody can know how it will go beforehand.

[butterfly25 0]

So there is nothing much he can do ….

[xyz12345 260]

On 3/20/2020 at 12:11 AM, butterfly25 said:

So there is nothing much he can do ….

You can always try applying with option #2 from geowrian and paul&mary.

[Ontarkie 14,227]

~~moved to Covid 19, from Bringing Family of PR~~