USC run over by a boat while outside of USA with LPR

[KayaEel 5]

We are about to file the N-400, Application for Naturalization, and this question is related to Continuous Residence.  I am a U.S. citizen (USC) since birth, and my husband is a Legal Permanent Resident (LPR). He meets the Physical Presence test and other requirements for U.S. citizenship, but we are concerned about Continuous Residence because he was outside of the U.S. for more than six months, but not more than a year, to take care of me.  Surely there is some type of exception for this situation.  I know, I know, we should have filed for the N-400 sooner, but we didn’t.

 

Background

While in my husband’s home country of Honduras, I was run over by a boat. I was snorkeling in the swimming area at a public beach when a speeding boat with a 85 horsepower motor ran over me.  I sustained significant injuries from the propeller blades, including severe lacerations and four broken bones: the iliac crest in my pelvis was shattered, my femur (thigh) which also caused injuries to the ligaments in my knee, and the radius & ulna bones in my forearm.  Right after the incident, I spent more than two weeks in the hospital. So far, I have had three surgeries, three pints of blood transfused, a bone graft, regular physical therapy so that I could walk again, multiple doctors’ appointments for wound cleanings, x-rays, and follow-ups.  My thigh was cut so deeply by the boat propeller that it took five months and multiple re-stitchings to fully close.

 

All of this medical care was completed in Honduras so that it would be paid for by the owner of the boat that hit me.  After nine months, the bones in my forearm have not healed due to the significant impact from the boat propeller & an additional surgery is likely.  I am also still suffering from PTSD. Needless to say, I really needed my husband with me to assist & support me during this very difficult time.

 

At the point when my husband had been outside the U.S. for almost six months, we decided that it would be beneficial for his citizenship application if he went back to the U.S. for a brief time.  We booked a flight and the night before, we could not locate his Green card.  We rescheduled his flight and postponed his departure for an additional day while we continued to search for his Green card, but it was not found.  The last time that we saw it was in the hospital just after the incident. He brought it to the hospital just in case I needed to go back to the U.S. for medical care.  This was before we hired a lawyer & learned that we could only compel the boat owner to pay the medical expenses if the treatments were provided in Honduras.  Thankfully, I was able to receive the necessary medical care in Honduras.  However, his Green card was misplaced.  So, we canceled his flight reservation and the six month mark passed while I continued to heal.  

 

After being outside of the U.S. for approx. ten months, we filed Form I-131A Application for Travel Document (a $575 fee) at the U.S. Embassy & received a boarding foil to get my husband back to the US, even though I still need him with me. He is leaving this week.  We also filed Form I-90 to replace his lost Green card (a $540 fee).

 

Question

I am grateful to be alive & fortunate that no amputations were required.  My husband & I are devoted to each other and he stayed for more than six months for my benefit.  In this situation, is there some type of exception to the Continuous Resident rule?  Does the USCIS have any discretion, or will our N-400 Application (a $725 fee) be automatically denied before it is reviewed by human eyes?

[Mike E 11,726]

There is a waiver for continuous absences of 181-365 days, and there is a reasonable chance he would qualify based on your description.

[OldUser 5,060]

Hi @KayaEel I am really sorry to hear your story, what a horrible experience! I hope you feel much better now and things are improving health wise.

 

As to Continuous Residence, I would think if he could prove ties to the US while he was away (bank accounts active, employment, lease active or real estate owned in the US) + Waiver + cover letter explaining circumstances, he may have a chance of getting approved. 

 

Waiting longer until he satisfies both requirements is also an option.

 

[KayaEel 5]

46 minutes ago, Mike E said:

There is a waiver for continuous absences of 181-365 days, and there is a reasonable chance he would qualify based on your description.

Thank you, thank you!! I will look into the waiver. 🫶 Is the waiver a specific form, or do we just need to make our case? 

Edited October 12, 2022 by KayaEel
To ask a follow-up question

[KayaEel 5]

39 minutes ago, OldUser said:

Hi @KayaEel I am really sorry to hear your story, what a horrible experience! I hope you feel much better now and things are improving health wise.

 

As to Continuous Residence, I would think if he could prove ties to the US while he was away (bank accounts active, employment, lease active or real estate owned in the US) + Waiver + cover letter explaining circumstances, he may have a chance of getting approved. 

 

Waiting longer until he satisfies both requirements is also an option.

 

Yes, we can prove ties to the US, and we have plenty of proof of the boating incident. Thank you so much for your input! 😊

[Mike E 11,726]

30 minutes ago, KayaEel said:

Thank you, thank you!! I will look into the waiver. 🫶 Is the waiver a specific form, or do we just need to make our case? 

There is no specific form. He would include a letter in his application and photo copies of the evidence. At the interview he would bring the evidence.

[SusieQQQ 11,585]

1 hour ago, KayaEel said:

Thank you, thank you!! I will look into the waiver. 🫶 Is the waiver a specific form, or do we just need to make our case? 

I know a couple of people (personally) who did this due to covid related lockdowns and being unable to get back to the US. They did not submit any type of letter or anything like that with their application (filed online), but made their case at interview. They explained carefully their absence, and took proof that they maintained ties - homeownership, job, bank account, obviously tax filing etc. Both were approved. It’s not quite the same as a lockdown situation, but I think your husband probably has a persuasive case to present as long as he can show he maintained normal ties to the US. He should also take as much evidence of your accident, etc to show why he had to stay out. Good luck.

[Mundo254 47]

11 hours ago, KayaEel said:

We are about to file the N-400, Application for Naturalization, and this question is related to Continuous Residence.  I am a U.S. citizen (USC) since birth, and my husband is a Legal Permanent Resident (LPR). He meets the Physical Presence test and other requirements for U.S. citizenship, but we are concerned about Continuous Residence because he was outside of the U.S. for more than six months, but not more than a year, to take care of me.  Surely there is some type of exception for this situation.  I know, I know, we should have filed for the N-400 sooner, but we didn’t.

 

Background

While in my husband’s home country of Honduras, I was run over by a boat. I was snorkeling in the swimming area at a public beach when a speeding boat with a 85 horsepower motor ran over me.  I sustained significant injuries from the propeller blades, including severe lacerations and four broken bones: the iliac crest in my pelvis was shattered, my femur (thigh) which also caused injuries to the ligaments in my knee, and the radius & ulna bones in my forearm.  Right after the incident, I spent more than two weeks in the hospital. So far, I have had three surgeries, three pints of blood transfused, a bone graft, regular physical therapy so that I could walk again, multiple doctors’ appointments for wound cleanings, x-rays, and follow-ups.  My thigh was cut so deeply by the boat propeller that it took five months and multiple re-stitchings to fully close.

 

All of this medical care was completed in Honduras so that it would be paid for by the owner of the boat that hit me.  After nine months, the bones in my forearm have not healed due to the significant impact from the boat propeller & an additional surgery is likely.  I am also still suffering from PTSD. Needless to say, I really needed my husband with me to assist & support me during this very difficult time.

 

At the point when my husband had been outside the U.S. for almost six months, we decided that it would be beneficial for his citizenship application if he went back to the U.S. for a brief time.  We booked a flight and the night before, we could not locate his Green card.  We rescheduled his flight and postponed his departure for an additional day while we continued to search for his Green card, but it was not found.  The last time that we saw it was in the hospital just after the incident. He brought it to the hospital just in case I needed to go back to the U.S. for medical care.  This was before we hired a lawyer & learned that we could only compel the boat owner to pay the medical expenses if the treatments were provided in Honduras.  Thankfully, I was able to receive the necessary medical care in Honduras.  However, his Green card was misplaced.  So, we canceled his flight reservation and the six month mark passed while I continued to heal.  

 

After being outside of the U.S. for approx. ten months, we filed Form I-131A Application for Travel Document (a $575 fee) at the U.S. Embassy & received a boarding foil to get my husband back to the US, even though I still need him with me. He is leaving this week.  We also filed Form I-90 to replace his lost Green card (a $540 fee).

 

Question

I am grateful to be alive & fortunate that no amputations were required.  My husband & I are devoted to each other and he stayed for more than six months for my benefit.  In this situation, is there some type of exception to the Continuous Resident rule?  Does the USCIS have any discretion, or will our N-400 Application (a $725 fee) be automatically denied before it is reviewed by human eyes?

Just here to say, Quick recovery *Hugs*