continuation of Stay and COVID

[sachinabhyankar]

Hi,

My parents got the Greencard approximately 6 years ago. They have stayed in the US for more than a year few times during this 6 years period.

There were two occasions where they stayed outside the US for more than 6 months. 

First time: One of the family members was critically ill.

Second Time: Due to COVID, they were stuck outside with no flights.

We have been filing taxes for them every single year. 

I would like to know whether any of the following conditions apply for them to be considered eligible for citizenship.

1. Filing taxes every year even when they overstayed outside. Will this help prove the continuation of stay just like other items (an exception to 6 months rule)

2. Will the letter from the doctor help get an exception for the first time they were outside.

3. Does USCIS consider COVID as an exception for the continuation of stay.

 

[pontevecchio]

Are they in the USA now? In that case, the flow chart in this publication will tell you when they are eligible.

M-476.pdf (uscis.gov)

[Jesusmyrabbi]

Citizenship Require 

1. Continious Residence  5 years in normal case and 3 years if spouse is US Citizen ( they should have been married those 3 years and spouse shoud have been citize those 3 years )

2. Physical Presence which is half the time of continious residence its counted in days you are physicaly present in USA.

every reason and details you have given atmost can only show continious residence but not satisfy physical presence . only way they could preserve it is by applying for permit before leaving the country not after or if they are working for relegious organization . they should have been in the us continiously means not a single day out for 1 year before they can aplly for that permit and leave .

other than that i dont see any other avenue ..uscis hasent given any special provision or exceptions for covid effected perm residents yet