Naturalization Eligibility - Please Advice

[topaz318 1]

My parents become US permanent residents on May 27 1997. They had several trips outside the US which lasted anywhere from a few months to 2 years with a reentry permit. During the time they were out, I continued to claim them as my dependent on my tax returns. However for the last 5 years, they are trying to maintain continuous residence (please see below). When is the earliest they can apply for naturalization?

Mom Travel dates
Arrived on Sept 16 2016 - Departed on Dec 5 2016
Arrived on May 4 2017 - Departed on Jun 5 2017
Arrived on May 16 2018 - Departed on Nov 7 2018 
Arrived on June 24 2019 and stayed

Dad Travel dates
Arrived on Sept 16 2016 - Departed on Dec 5 2016
Arrived on May 4 2017 - Departed on Jun 5 2017
Arrived on May 16 2018 - Departed on Aug 4 2018
Arrived on Sept 4 2018 - Departed on Nov 7 2018
Arrived on June 24 2019 and stayed

[Mike E 11,730]

179 days before June 24, 2024 

[OldUser 5,172]

Please clarify "Arrived" and "Departed".

Arrived in the US or foreign destination?

[topaz318 1]

@OldUser

 

Mom Travel dates
Arrived in US on Sept 16 2016 - Departed from US on Dec 5 2016
Arrived in US on May 4 2017 - Departed from US on Jun 5 2017
Arrived in US on May 16 2018 - Departed from US on Nov 7 2018 
Arrived in US on June 24 2019 and stayed

Dad Travel dates
Arrived in US on Sept 16 2016 - Departed from US on Dec 5 2016
Arrived in US on May 4 2017 - Departed from US on Jun 5 2017
Arrived in US on May 16 2018 - Departed from US on Aug 4 2018
Arrived in US on Sept 4 2018 - Departed from US on Nov 7 2018
Arrived in US on June 24 2019 and stayed

Edited February 1, 2023 by topaz318

[OldUser 5,172]

Then yes the safest earliest is what @Mike E wrote. 179 days before 5 year anniversary of coming back to the US for good. That would fall on December 28, 2023. Of course, this is falls into holiday season, so best to file first week of January 2024. This is only if they don't travel any more outside of the US in 2023. Any extra day of travel will push that date by one day. And trip over 180 days will reset counter to 0 and they have to start countring to 5 years again.

 

Edited February 1, 2023 by OldUser

[topaz318 1]

@OldUser@Mike E Thank you very much! Just trying to understand why 179 days before the 5 year anniversary date? On the USCIS website, I am reading 90 calendar days before the 5 year anniversary date.

[Mike E 11,730]

16 minutes ago, topaz318 said:

@OldUser@Mike E Thank you very much! Just trying to understand why 179 days before the 5 year anniversary date? On the USCIS website, I am reading 90 calendar days before the 5 year anniversary date.

The LPRs have been LPRs for more than 5 years so the 90 days early filing rile is not applicable.  

 

They can file when they have 5 years of continuous residency. 

[topaz318 1]

Thanks @Mike E, I understand now. Last question - if they were to travel this year or next year, for less than 180 days, can they still apply 179 days before June 24, 2024? 

[Mike E 11,730]

24 minutes ago, topaz318 said:

Thanks @Mike E, I understand now. Last question - if they were to travel this year or next year, for less than 180 days, can they still apply 179 days before June 24, 2024? 

Legally yes.  
 

I don’t recommend absences that sum to more than 120 days in any rolling 365 days window because of this:

 

 

[topaz318 1]

Understood, thanks again @Mike E

[iwannaplay54 985]

7 hours ago, topaz318 said:

@OldUser@Mike E Thank you very much! Just trying to understand why 179 days before the 5 year anniversary date? On the USCIS website, I am reading 90 calendar days before the 5 year anniversary date.

179 days is one day after the end of the last extended absence.  It takes that absence into account.

[Diane and Chris 651]

12 hours ago, OldUser said:

Then yes the safest earliest is what @Mike E wrote. 179 days before 5 year anniversary of coming back to the US for good. That would fall on December 28, 2023. Of course, this is falls into holiday season, so best to file first week of January 2024. This is only if they don't travel any more outside of the US in 2023. Any extra day of travel will push that date by one day. And trip over 180 days will reset counter to 0 and they have to start countring to 5 years again.

 

Great explanation!  Thanks!