FAQs: Naturalization eligibility for recent extended absences over six months and less than one year from the U.S. || H-1B Grace Period Related Issues
My father is a green card holder (five years, three months now). He has spent 33 months in the US in the last five years and for 6 months every calendar year. The issue is that on two of his most recent trips, he was out of the US for nine months, six weeks, and 11 days.
He has always been retired and has not held a job in the US or abroad. His daughter and family continued to stay in the US during these trips. He does not own a house in the US but stays with his daughter and her family and continues to have access to that residence during these trips. He does own property in India and has continued to hold that same property over the last five years. His trips abroad were to visit his other children.
What are the rough chances of "rebutting the presumption of break of continuous presence", if he applies for naturalization, despite these two trips of 9 months and 6 months two weeks ? Would you recommend going through a lawyer ?
Regarding the 9-month absence that is being questioned, if he doesn't own a house but still has access to the residence, it should be acceptable as long as there's a valid explanation for his absence of more than six months. This situation has occurred before. For example, if he couldn't return due to reasons like COVID-19, health issues, or similar circumstances, as long as these reasons are clearly explained, it should be acceptable.
Regarding the 9-month absence being questioned, if he doesn't own a house but still has access to the residence, it should be acceptable if there's a valid explanation for his absence of more than six months. This situation has occurred before. For example, if he couldn't return due to reasons like COVID-19, health issues, or similar circumstances, it should be acceptable if these reasons are clearly explained.
I got sworn in today in Atlanta. I am going to try and give you a low down on the process and I'll post my timeline at the end.
I got in at 9:45 am ( that was my appointment time), but they don't hold it down real fast.
I dropped off my appoinmment letter and finally got called in at 11.20am.
The interview process is rather simple: he asked me questions on the form ( have u ever been a member of a communist party etc).
Here's the good news, if he/she asks you to start sgning stuff, you are on your way, don't trip yourself now.
I am always reading comments from other membres on this forum, but today I would like to take opportunity to share my wife's interview experince for citizenship.
Below is her N-400 timeline
10/12/05: RD
10/12/05: PD
11/25/05: FP Appointment
02/13/06: Interview notice
04/25/06: Interview Appointment
04/25/06: US citizen since 5:45
Thanks for this great list! I had my interview yesterday and went prepared with everything. My citizenship was based on marriage and these are the documents that the officer looked at / took:
Passport, ID and Green card, obviously
Selective Service registration
Copies of last three years tax returns AND transcripts from IRS (though one or the other would have been fine)
Three months of bank statements
Three months of mortgage statements