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.
Interview today in Seattle. Arrived 8:10am was called in at 8:30 - really nice guy reviewed my file, asked me a couple questions about my name change. Questions:
Name 1 war America fought in the 1900's - WW2
Who is the chief Justice - Don't know
How many representatives in the house - 435
How often do we vote for them - every 2 years
When do we vote for the president - November
He asked me one more but I can't remember right now
Then he asked if I was free today for the Oath
So, Oath today, hours from now I will be a citizen!
Just want to share my experience.
Application sent: June 12 2012
Applied on my own, no lawyers.
Submitted the following documents
- N400
- G-1145
- 2 color photo
- GC photocopy
- Birth cerficate photocopy
- check for $680
- Cover letter
FP done: July 25 2012
- location: 170, Portland st, Boston
- went there 1 hour earlier than interview time, no issues. was allowed in the line right away.
- took around 1 hour total including waiting time and FP
Interview : Sep 14 2012 2pm.
- location: JFK building, Boston
Interview Experience:
I owe this one to this forum. Went in for the interview today. Got sworn in.
6 Questions:
1. Capital of Illinois
2. Countries US fought with in World War II
3. Who can veto Bills
4. What is an ammendment
5. Who do you pledge allegiance to
6. Supreme Law of Land.
Got the oath letter the same day for Sept 5th.
17th April 2012 N-400 Sent (Day 0)
20th April 2012 NOA Received (Day 1)
24th April 2012 Check Cashed (Day 5)
27th April 2012 FP notice received (Day 8)
22nd May 2012 FP Done. (Day 33)
N-400 Average Cycle Time
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N-400 Performance Data
This report provides the number of Naturalizations N-400 Regular and Military Service. It includes office locations, receipts, approvals, denials and pending by fiscal year with current year-to-date figures.