When to File Your Adjustment of Status Application for Family Sponsored or Employment-Based Preference Visas: November 2015
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Recording of Free Community Conference Call (Every Other Thursday), 29 October 2015
Immigration.com
Citizenship and Naturalization
Green Card
Substantial transcription for video
Topics for Discussion, Thursday, 29 October 2015:
FAQ: Withdrawing one pending petition (H-4) when another is (F-1) approved; Writ of Mandamus against delay; Investment property while on H-1 (Buying and renting out a house); Starting my own company while on H-1; Priority date loss upon revocation of I-140; Consequences of getting laid off on H-1; etc.
Other: TN/TD Visa; I-14- approved, company acquired; Job termination AC21; Cross chargeability evidence (Iraq); Applying for H-1 from OPT and travel; H-1 transfer while an extension is pending,I-140 revocation and priority date; Minor son on tourist visa, parent on green card; PERM denial and probability of success; Naturalization delay; etc.
Naturalization eligibility for recently extended absences over six months and less than one year from the U.S.
Question details
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.
FAQ Transcript
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.