US Citizenship eligibility

[ctrch944]

Hi,

Got my GC back in Jan 2019. My Kids live in US and most of these 5 five years, we have been staying on and off in US and India (however, the majority has been in US). In COVID days, we had to stay in India for close to 9 months. When we check online, it says we are not eligible as during these 5 years, one of our stay outside US was for more than 6 months. This was the only instance where we stayed out of US for more than 6 months.  Is there a way to apply for US citizenship showing extraneous circumstances of COVID 

Thanks,

CTRCH

[JoeF]

Unfortunately, there is no exception for Covid-related stays abroad.

[pontevecchio]

Any stay of more than 6 months and less than one year leads to a rebuttable presumption of loss of eligibility. The rebuttal may include proof of paying taxes here, a house here, and so on.

If you qualify on all other counts, you may be able to be approved.

M-476.pdf (uscis.gov)

This is the only source. Read it very carefully. 

[newacct]

An absence of between 6 months and 1 year is presumed to interrupt "continuous residence", but this presumption can be overcome with certain strong evidence of ties to the US. COVID did not change any of this. See USCIS Policy Manual, Volume 12, Part D, Chapter 3, section C-1 for more details. Unfortunately, you will not know ahead of time whether the officer will determine your evidence sufficient to overcome the presumption or not, so you will be taking a risk if you file now. If you are unable to overcome the presumption, you will have to wait until 4 years and 6 months after your return before you can apply for naturalization.

[pontevecchio]

4 Years and One Day for eligibility for Naturalization after a stay abroad of more than a year, assuming all other requirements are met.

[newacct]

2 hours ago, pontevecchio said:

4 Years and One Day for eligibility for Naturalization after a stay abroad of more than a year, assuming all other requirements are met.

4 years and 1 day is only for an absence of more than 1 year, if they have strong evidence of ties to overcome the presumption on interrupting continuous residence during the last year of their absence.

If they are unable to overcome the presumption, then they have to wait 4 years and 6 months, no matter if their absence was between 6 months and 1 year, or more than 1 year.

[JoeF]

23 hours ago, newacct said:

4 years and 1 day is only for an absence of more than 1 year, if they have strong evidence of ties to overcome the presumption on interrupting continuous residence during the last year of their absence.

If they are unable to overcome the presumption, then they have to wait 4 years and 6 months, no matter if their absence was between 6 months and 1 year, or more than 1 year.

That would be 5 years minus 90 days.

[newacct]

On 1/31/2024 at 8:46 AM, JoeF said:

That would be 5 years minus 90 days.

Look at the examples in USCIS Policy Manual, Volume 12, Part D, Chapter 3, section C-1 and section C-2. If they are unable to overcome the presumption, the earliest they are eligible for naturalization is 4 years and 6 months after their return from their absence. This is because in the 5-year period from 6 months before their return to 4 years and 6 months after their return, there is no longer an absence of more than 6 months.

[Fremont Desi]

On 1/21/2024 at 7:58 AM, ctrch944 said:

Hi,

Got my GC back in Jan 2019. My Kids live in US and most of these 5 five years, we have been staying on and off in US and India (however, the majority has been in US). In COVID days, we had to stay in India for close to 9 months. When we check online, it says we are not eligible as during these 5 years, one of our stay outside US was for more than 6 months. This was the only instance where we stayed out of US for more than 6 months.  Is there a way to apply for US citizenship showing extraneous circumstances of COVID 

Thanks,

CTRCH

Here is the quote from USCIS website to your question: USCIS Response to COVID-19 | USCIS

When you click on the heading "Continuous Residence and Physical Presence Requirements for Naturalization", you can find this passage:

Even if due to unforeseen reasons, such as COVID-19-related travel restrictions, an absence from the United States for a continuous period of one year or more (365 days or more) during the period for which continuous residence is required will automatically break the continuity of residence (See INA 316(b)). This applies whether the absence takes place before or after you file your naturalization application.

So, it is implied that absence for less than one year due to COVID restrictions will not automatically disqualify a person from applying for naturalization. 

I am not an attorney and this should not be construed as legal advice.

However, two of my friends, in similar situations, got approved for citizenship after submitting affidavits stating that they have not abandoned their residence here and that they have not taken up any employment outside the U.S.