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Naturalization eligibility for recently extended absences over six months and less than one year from the U.S.

1 year ago By Chief Editor
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.

Rajiv's Comments in the News - No more automatic citizenship for children in US? What Trump's victory could mean for Indians queuing for green card

1 year ago By Chief Editor
Published by: The Economic Times: Nov 06, 2024

https://tinyurl.com/r5t6dtmk

Quotes and Excerpts from Rajiv in the article:

What does the order mean?

“The Trump plan suggests no automatic citizenship for children born in the US. This is almost certainly a contravention of the 14th Amendment of the US Constitution. A Supreme Court judgement is available to counter Trump’s misinterpretation," Rajiv S. Khanna, immigration attorney told TOI.

Rajiv's Comments in the News - Citizenship by birth to be curtailed by incoming US President Trump, will impact 1 million Indians in green card queue

1 year ago By Chief Editor
Published by: The Times of India: Nov 07, 2024

https://tinyurl.com/2j3ybacf

Quotes and Excerpts from Rajiv in the article:

Rajiv S. Khanna, immigration attorney told TOI, “The Trump plan suggests no automatic citizenship for children born in the US. This is almost certainly a contravention of the 14th Amendment of the US Constitution. A Supreme Court judgement is available to counter Trump’s misinterpretation. “

For more information on this news, please see the attachment.

Rajiv's Comments in the News - Bad news for over 1 MILLION Indians as Donald Trump set to bring new law, to curtail…

1 year ago By Chief Editor
Published by: India.Com: Nov 07, 2024

https://tinyurl.com/bdzf79xj

Quotes and Excerpts from Rajiv in the article:

Talking exclusively to the Times of India, Rajiv S. Khanna, immigration attorney said, “The Trump plan suggests no automatic citizenship for children born in the US. This is almost certainly a contravention of the 14th Amendment of the US Constitution. A Supreme Court judgement is available to counter Trump’s misinterpretation.

Rajiv's Comments in the News - Bad news for 10 lakh Indians as Donald Trump set to curtail...

1 year ago By Chief Editor
Published by: MSN news: Nov 06, 2024

https://tinyurl.com/y9hzh8v9

Quotes and Excerpts from Rajiv in the article:

Talking exclusively to the Times of India, Rajiv S. Khanna, immigration attorney said, "The Trump plan suggests no automatic citizenship for children born in the US. This is almost certainly a contravention of the 14th Amendment of the US Constitution. A Supreme Court judgement is available to counter Trump's misinterpretation. "

Rajiv's Comments in the News - Trump 2.0 to end citizenship by birth on Day 1? Should over 1 million Indians in Green Card backlog be worried

1 year ago By Chief Editor
Published by: Asianet Newsable - Nov 12, 2024

https://tinyurl.com/uzhyddkw

Quotes and Excerpts from Rajiv in the article:

“The Trump plan suggests no automatic citizenship for children born in the US. This is almost certainly a contravention of the 14th Amendment of the US Constitution. A Supreme Court judgement is available to counter Trump’s misinterpretation," Rajiv S. Khanna, an immigration attorney, was quoted as saying in the TOI report.

USCIS Updates Guidance on Determining Custody for Children Acquiring U.S. Citizenship

1 year ago By Chief Editor

Release Date 

11/19/2024

U.S. Citizenship and Immigration and Services is issuing guidance regarding the legal and physical custody requirements for purposes of acquisition of U.S. citizenship under section 320 and naturalization under section 322 of the Immigration and Nationality Act (INA). USCIS is also expanding guidance on derivation of citizenship before the Child Citizenship Act of 2000, under former INA section 321.

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