N400 55/15 Continuous presence question

[sam20390 1]

hey folks, I am hoping to get some clarification related to N400 continous presence requirement for my mom (age 63). We got green cards in Mar 2009.

My mom tried N400 interview couple times in the past (2014, 2018) but failed due to English. We submitted N400 again last month hoping that she gets English waiver due to 55/15 rule. My dad is a US citizen so my mom's application was based on spouse (3 years requirement).

My parents took couple international trips to different countries since 2021
Oct 2022 - Mar 2023 -- 160 days
June 2023 - May 2024 -- 350 days

 

Between 2009 - 2019

one 3-4 months international trip

few 1-2 days internationak trips (Canada)

Based on uscis manual, 350 days will raise question about continuous presence. However, my parents have resided in the same place since 2010, have active bank accounts and auto insurance policy. I'm also a US citizen (immediate family). Will these be sufficient to prove continuous presence? If not, do we need additional proofs?

thanks

[OldUser 7,317]

The safest thing to do, of course, is to apply 5 years from May-June 2024 so that long isn't in the travel history.

 

Do they actually own a house or have a lease? This may be required to prove their ties. Bank accounts are good but it may not be enough on its own.

[sam20390 1]

> Do they actually own a house or have a lease? This may be required to prove their ties. Bank accounts are good but it may not be enough on its own.

yes, they own it. While they were away, it was empty for the most part (I live in different state and visited couple times to ensure nothing broke). bank accounts/insurance were all active while they were away as well.

[OldUser 7,317]

Just now, sam20390 said:

> Do they actually own a house or have a lease? This may be required to prove their ties. Bank accounts are good but it may not be enough on its own.

yes, they own it. While they were away, it was empty for the most part (I live in different state and visited couple times to ensure nothing broke). bank accounts/insurance were all active while they were away as well.

You can give it a shot if you don't mind potentially losing N-400 fees. But there's high chance they can convince officer they didn't abandon their residency.