ksll Posted March 28, 2020 Report Share Posted March 28, 2020 My elderly mom is in India and has return ticket in May, which is at the end of her sixs month stay outside US, but airline cancelled the flight due to corona and at the present situation it does not seem travel is possible or advisable . If she stays more than six months outside US, does it break "continuous residence" requirement i.e “the statutory period” when she is eligible to file naturalization at the end of her 5 year green card status ? Could you please sugegst what is the best course of action in this case, not to break "continuous residence" requirement ? As per USCIS site "Absences of more than six months but less than one year may disrupt an applicant’s continuous residence". Quote Link to comment
pontevecchio Posted April 5, 2020 Report Share Posted April 5, 2020 Absences less than one year lead to a rebuttable presumption of having abandoned the GC. That is the immediate concern and it can be overcome by mentioning the current pandemic as being the cause. Once the pandemic is over you can talk to a good lawyer as to whether the clock restarts or not based on a serious pandemic. Quote Link to comment
MurthyIndia_Lawyer Posted April 13, 2020 Report Share Posted April 13, 2020 Hello, Please note that if a legal permanent resident (LPR) spends more than 6 months (more than 180 days) but less than 1 year (less than 365 days) outside of the United States, there is a presumption that there is a break in the residency requirement. Under extraordinary circumstances like the COVID-19, one would presume that stay beyond the 180 days may be excused. However, one has to plan that this will not be waived. It is best to consult with a qualified and experienced immigration attorney within the U.S. If you do not already have one, you may contact https://www.murthy.com/contact-us/ Quote Link to comment
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