Continuous Residency Evidence

[saikiran169]

Hello everyone,

I'm a 21 year old who grew up in the US for the past 15 years. Unfortunately as my grandmother was ill, my mother and I had stayed in India for 2 years on the travel permit. However we always returned to the US within a year (about every 9 months) . It has been over 3 years since we have come back and resided in the US. 

I'm planning to apply for naturalization soon. I meet all the criteria required except for one (Continuous Residency). It has been mentioned that in order to be eligible, you must have continuous residency in the US for 5 years. There are two types of breaks in the Continuous Residency criteria :

1. Absence of more than 6 months but less than 1 year (365 days)

2. Absence of more than 1 year. 

Now, as I was out for at most only 9 months at a given time, I presumably come under the first category.  In the USCIS page, it is mentioned that an applicant may overcome this break in continuous residency by providing evidence that they were related to the US during the time of absence. 

" An applicant may overcome the presumption of loss of his or her continuity of residence by providing evidence to establish that the applicant did not disrupt his or her residence. The evidence may include, but is not limited to, documentation that during the absence:

• The applicant did not terminate his or her employment in the United States or obtain employment while abroad.

• The applicant’s immediate family remained in the United States.

• The applicant retained full access to his or her United States abode. "

My father had remained in the US during the time which my mother and I spent in India. As he is my immediate family member and I have not been absent for more than 1 year, can I apply for naturalization? If so, how do I show evidence that my immediate family member (my father) had remained in the US? What is considered documentation that will prove this? I read somewhere else that it involves a notarized letter but it was unclear. 

Any help regarding this would be much appreciated. 

Thanks

[pontevecchio]

You may choose to provide evidence. But they decide if appropriate. Hence talking to a lawyer is appropriate in Trump,s America.