Travel before filing N400?

[imm1234 3]

Hi,

My parents can file for naturalization on Jan 20th 2019 under the 4 year 10 day ruling. Their continuous presence was interrupted in 2014 because they stayed abroad for longer than a year due to illness but filed for Advanced Parole before they left. They have left the US every year since Jan 2015, but never for more than 5 months. They will have completed 30 months of physical presence in the US by August 2018 (from Jan 2015- August 2018)

 

They want to go abroad in Sept 2018 and return in Jan 2019, 2 weeks before they are eligible to file their n400. They have resided in the same house in the US since 2012 and their residence will not be changing when they apply for their n400. The USCIS website says:

 

"In general, an applicant for naturalization must file his or her application for naturalization with the state or service district that has jurisdiction over his or her place of residence. The applicant must have resided in that location for at least three months prior to filing. " 

 

Does that mean they have to be *physically* present in the US the entire 3 months before they can file their n400? So they shouldn't travel from Sept-Jan? Or is it ok for them to arrive in the US Jan 5th 2019  and then file on Jan 20th?

 

On a side note, would you recommend they have a lawyer file their case for them because of the one year absence? I personally don't think it makes their case any more difficult, but it isn't the straight forward 3 or 5 year situation either. Thank you for reading!

Edited April 29, 2018 by imm1234

[payxibka 10,045]

No, It means that they have to have a residence in that jurisdiction for the prior 90 days.  Leaving on a "holiday" does NOT change there residence in the USA