N400 55/15 Continuous presence question

[sam20390 2]

hey folks, I am hoping to get some clarification related to N400 continous presence requirement for my mom (age 63). We got green cards in Mar 2009.

My mom tried N400 interview couple times in the past (2014, 2018) but failed due to English. We submitted N400 again last month hoping that she gets English waiver due to 55/15 rule. My dad is a US citizen so my mom's application was based on spouse (3 years requirement).

My parents took couple international trips to different countries since 2021
Oct 2022 - Mar 2023 -- 160 days
June 2023 - May 2024 -- 350 days

 

Between 2009 - 2019

one 3-4 months international trip

few 1-2 days internationak trips (Canada)

Based on uscis manual, 350 days will raise question about continuous presence. However, my parents have resided in the same place since 2010, have active bank accounts and auto insurance policy. I'm also a US citizen (immediate family). Will these be sufficient to prove continuous presence? If not, do we need additional proofs?

thanks

[OldUser 9,565]

The safest thing to do, of course, is to apply 5 years from May-June 2024 so that long isn't in the travel history.

 

Do they actually own a house or have a lease? This may be required to prove their ties. Bank accounts are good but it may not be enough on its own.

[sam20390 2]

> Do they actually own a house or have a lease? This may be required to prove their ties. Bank accounts are good but it may not be enough on its own.

yes, they own it. While they were away, it was empty for the most part (I live in different state and visited couple times to ensure nothing broke). bank accounts/insurance were all active while they were away as well.

[OldUser 9,565]

Just now, sam20390 said:

> Do they actually own a house or have a lease? This may be required to prove their ties. Bank accounts are good but it may not be enough on its own.

yes, they own it. While they were away, it was empty for the most part (I live in different state and visited couple times to ensure nothing broke). bank accounts/insurance were all active while they were away as well.

You can give it a shot if you don't mind potentially losing N-400 fees. But there's high chance they can convince officer they didn't abandon their residency.

[sam20390 2]

thanks for insights.

 

this convo makes me fairly confident too that we should be able to prove continuous presence. Was mainly curious if we need additional proof.

[OldUser 9,565]

1 hour ago, sam20390 said:

thanks for insights.

 

this convo makes me fairly confident too that we should be able to prove continuous presence. Was mainly curious if we need additional proof.

The more proof, the better. Things may get stricter after Jan 20.

[sam20390 2]

Yes, we will try to take as many documents as possible.

 

It's likely that USCIS becomes strict under new admin but as long as we provide correct proofs, hopefully they abide by the manual.

[sam20390 2]

sharing an update

Mom had interview earlier this month, received approval during the interview and finished oath ceremony today. I was allowed as an interpreter, she was allowed to explain long trips. She was also exempted from english requirements. Interview started with quick intro, civics questions (got first 6 right), form walkthru and discussing continous presence.

Mom's application had couple concerns
1. Allowing me as an interpreter - Officer didn't even question it, just made me fill out and sign a form.
2. Continous presence - Officer did ask to explain back to back trips but mom's reasoning was sufficient. We also provided proofs such as maintaining residence, auto insurance (officer asked for registration but didnt have it) and bank accounts with regular transactions while she was abroad.

Overall, glad that this journey is over. Both of us were nervous but officer's professional and comforting demeanor helped.

 

[TBoneTX 47,362]

1 hour ago, sam20390 said:

Mom had interview earlier this month, received approval during the interview and finished oath ceremony today

This is great news -- congratulations!  Thanks very much for the update.  All the best.