Citizenship Time period Question

[deepkhatti 1]

Hello Everyone

 

I have a question about the eligibility for my parents. They have completed the 5 year eligibility time but during the last last 6 months they went out of USA and weren't able to return within 6 months because of COVID-19. Are they still eligible to apply for citizenship or they again  have to wait for 5 years?

[JFH 12,191]

*~*~*eligibility question moved from “progress reports” to “general discussion”*~*~*

[Lucky2Lucky 2,526]

1 hour ago, deepkhatti said:

Hello Everyone

 

I have a question about the eligibility for my parents. They have completed the 5 year eligibility time but during the last last 6 months they went out of USA and weren't able to return within 6 months because of COVID-19. Are they still eligible to apply for citizenship or they again  have to wait for 5 years?

The clock does not reset after being out of the country for 6 months. https://www.uscis.gov/us-citizenship/citizenship-through-naturalization/continuous-residence-and-physical-presence-requirements-naturalization

 

Physical Presence

Applicants are required to show that they were:

• Physically present in the U.S. for thirty months within the five year period before applying, or (see legal basis)
• Physically present in the U.S. for eighteen months within the three year period before applying in the case of qualified spouses of U.S. citizens (see legal basis)

In addition, applicants are required to show they have resided for at least three months immediately preceding the filing of Form N-400 in the USCIS district or state where the applicant claims to have residency (See 8 CFR §316.2(a)(5) & §319.1(a)(5)).

 

They have to wait 3 months to file.

[deepkhatti 1]

Isn't their continuous residency broken by remaining outside of USA for more than 6 months? 

[xyz12345 260]

Unless they can prove otherwise, yes, it's a break in continuous residence. imo I don't think COVID could be an excuse if there were flights that your parents could have taken but didn't (e.g., repatriation flights). How many months were they out of the US?

 

If they don't apply, they have to wait another 4 years, 6 months and 1 day after coming back before they can be eligible for citizenship.

They can also try to rebut but it'll be an expensive cost if the application(s) gets denied. Maybe one can apply first?

 

 

https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3

1. Absence of More than 6 Months (but Less than 1 Year)

An absence of more than 6 months (more than 180 days) but less than 1 year (less than 365 days) during the period for which continuous residence is required (also called “the statutory period”) is presumed to break the continuity of such residence.^[12] This includes any absence that takes place during the statutory period before the applicant files the naturalization application and any absence between the filing of the application and the applicant’s admission to citizenship.^[13]

An applicant’s intent is not relevant in determining the location of his or her residence. The length of the period of absence from the United States is the defining factor in determining whether the applicant is presumed to have disrupted the continuity of his or her residence.

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.

[Zaidba 39]

6 hours ago, deepkhatti said:

Hello Everyone

 

I have a question about the eligibility for my parents. They have completed the 5 year eligibility time but during the last last 6 months they went out of USA and weren't able to return within 6 months because of COVID-19. Are they still eligible to apply for citizenship or they again  have to wait for 5 years?

Assuming they stayed out for less than one year, and assuming that this is the only long stay abroad outside the US, then they should have no problem. However, they should be prepared with documents to explain the reason. They may provide a copy of their earlier flight reservation, present a document showing no flights from their country to the US during these months, or any evidence that would explain the situation. They should take the evidence to interview to present it when requested.