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.
USCIS recently updated the following form(s):
Form N-600K, Application for Citizenship and Issuance of Certificate Under Section 322
01/20/2025 09:15 AM EST
Edition Date: 01/20/25. Starting July 3, 2025, USCIS will accept only the 01/20/25 edition. Until then, you can also use the 04/01/24 edition. You can find the edition date at the bottom of the page on the form and instructions.
For more information, please visit the Forms Updates page.
SCOTUS Ruling on Nationwide Injunctions: What Anxious Parents Need to Know About Birthright Citizenship
To put matters in context, today's 6-3 Supreme Court decision is NOT about whether your US-born children are citizens. Let me be clear about what actually happened.
The Court ruled on a procedural question: whether federal judges can issue nationwide injunctions that block government policies across all 50 states. They said no; such orders should be limited to protecting only the specific parties who sued.
Published by: The Times of India - June 30, 2025
https://timesofindia.indiatimes.com/world/us/us-birthright-citizenship-…
Quotes and Excerpts from Rajiv in the article:
FAQs: Is it legal to take "Paid Time Off" after the end date of EAD as payment for work done earlier?