Question: Parents continues residency requirement

[Nevada16 17]

My parents received their green card in September 2023. They visit me every six months and typically stay outside the U.S. for less than six months. My first question is: if they travel to Canada or Mexico for a week, would that be acceptable, or could it affect their naturalization process? I am planning to apply for their naturalization in September 2028. 

 

My second question is: what happens if they leave the United States earlier than six months and then return less than six months. 
 

Thank you so much in advance. 

[ODAAT 153]

38 minutes ago, Nevada16 said:

My parents received their green card in September 2023. They visit me every six months and typically stay outside the U.S. for less than six months. My first question is: if they travel to Canada or Mexico for a week, would that be acceptable, or could it affect their naturalization process? I am planning to apply for their naturalization in September 2028. 

 

My second question is: what happens if they leave the United States earlier than six months and then return less than six months. 
 

Thank you so much in advance. 

How long have they lived in US in total? Here is something you need to be aware of

 

 

 “Avoid cumulative trips that add up to at least half of the required residence period (30 months for a five-year permanent resident or 18 months for a three-year permanent resident married to a U.S. citizen).”

[Boiler 47,460]

For Naturalisation purposes have they actually started their US Residency?, even for PR purposes seems iffy.

[Magi Stark 70]

You have two issues here:

Continuous residence: Be an LPR for 5 years. 

Physical presence: be physically present in the US for 30 months (or 913 days or 2.5 years) out of those 5 years. 

 

If your parents are already not living full time in the US, this could present a problem, especially under the current administration. The rule of thumb is you should spend more time per year in the US than out of the US, even if it's less than 6 months. So if you're doing 4 months abroad, 2 months in, 5 months abroad, 3 month in, 4 months abroad, 1 months in, etc., this represents an issue for the continuous residence as USCIS might determine you broke continuous residence by staying out of the US so much, even if the trips were less than 6 months and the total time in the US adds up to 30 months by the time you apply. 

 

Assuming they turn a blind eye to that, or time spent abroad is not as bad, you still have the physical requirement to meet. You and your parents have to sit down and count every single day spent out of the US, (the day you depart and the day you return count as days in the US), and time in the US cannot total less than 30 months (or 913 days) by the time the oath takes place. Some offices will be more strict than others in this regard. If you're missing a few days to a couple weeks, some offices will just wait and schedule you later, while some offices might deny the case and ask you to reapply.  

 

For the physical requirement, yes, every little trip counts. So if your parents have already spent too much time abroad, and plan on continuing to spend months at a time abroad, and take week-long trips regularly, it's very unlikely they'll qualify for citizenship.  They're almost 2 years into their 5 year residence. If they've already spent more time abroad than in the US, just assume you have to start over, or start counting from the last entry when time in the US exceeds their time abroad.  If they've spent more time in the US than abroad, just make sure they continue to do that and make sure they have met the physical number of days in the US ideally by the time they apply. It just much easier that way. If you haven't taken a look at the N-400, you have to list every single trip taken during your LPR period. You have to list days you departed/returned and where you went. Start an Excel spreadsheet with the same format as the N-400 for trips abroad and start keeping track of your trips now.

Edited July 13 by Magi Stark

[appleblossom 4,410]

14 hours ago, Nevada16 said:

My parents received their green card in September 2023. They visit me every six months and typically stay outside the U.S. for less than six months. My first question is: if they travel to Canada or Mexico for a week, would that be acceptable, or could it affect their naturalization process? I am planning to apply for their naturalization in September 2028. 

 

My second question is: what happens if they leave the United States earlier than six months and then return less than six months. 
 

Thank you so much in advance. 

When you say they visit you every 6 months, where is that? Are you in the US and they’re not living there (in which case they should NOT apply for citizenship, as it will be obvious they haven’t been genuine LPR’s), or are you outside the US and they only leave it briefly to visit you in another country?

 

They can visit Canada or Mexico, I don’t understand your second question I’m afraid. 

 

 

[OldUser 9,896]

15 hours ago, Nevada16 said:

I am planning to apply for their naturalization in September 2028. 

 

You cannot apply for their naturalization. Your parents apply for naturalization themselves after they meet all requirements, including speaking English, understanding all questions, knowing US civics history etc.

Edited July 13 by OldUser

[Nevada16 17]

On 7/13/2025 at 12:15 AM, ODAAT said:

How long have they lived in US in total? Here is something you need to be aware of

 

 

 “Avoid cumulative trips that add up to at least half of the required residence period (30 months for a five-year permanent resident or 18 months for a three-year permanent resident married to a U.S. citizen).”

Thanks for your response. They live here in the United States for 7 months and then live out of the country for 5 months each year. They spend more time in US per year than anywhere else. They live with me in US. My plan is to do this for 5 years and then they will be eligible for naturalization. As they continue to live mainly here in US for 5 years without any gaps for more than 6 months and they will fulfill the requirement for 30 months in last 5 years. 

[Nevada16 17]

On 7/13/2025 at 6:48 AM, Boiler said:

For Naturalisation purposes have they actually started their US Residency?, even for PR purposes seems iffy.

Thanks for your response. They live here in the United States for 7 months and then live out of the country for 5 months each year. They spend more time in US per year than anywhere else. They live with me in US. My plan is to do this for 5 years and then they will be eligible for naturalization. As they continue to live mainly here in US for 5 years without any gaps for more than 6 months and they will fulfill the requirement for 30 months in last 5 years. 

[Nevada16 17]

On 7/13/2025 at 7:45 AM, Magi Stark said:

You have two issues here:

Continuous residence: Be an LPR for 5 years. 

Physical presence: be physically present in the US for 30 months (or 913 days or 2.5 years) out of those 5 years. 

 

If your parents are already not living full time in the US, this could present a problem, especially under the current administration. The rule of thumb is you should spend more time per year in the US than out of the US, even if it's less than 6 months. So if you're doing 4 months abroad, 2 months in, 5 months abroad, 3 month in, 4 months abroad, 1 months in, etc., this represents an issue for the continuous residence as USCIS might determine you broke continuous residence by staying out of the US so much, even if the trips were less than 6 months and the total time in the US adds up to 30 months by the time you apply. 

 

Assuming they turn a blind eye to that, or time spent abroad is not as bad, you still have the physical requirement to meet. You and your parents have to sit down and count every single day spent out of the US, (the day you depart and the day you return count as days in the US), and time in the US cannot total less than 30 months (or 913 days) by the time the oath takes place. Some offices will be more strict than others in this regard. If you're missing a few days to a couple weeks, some offices will just wait and schedule you later, while some offices might deny the case and ask you to reapply.  

 

For the physical requirement, yes, every little trip counts. So if your parents have already spent too much time abroad, and plan on continuing to spend months at a time abroad, and take week-long trips regularly, it's very unlikely they'll qualify for citizenship.  They're almost 2 years into their 5 year residence. If they've already spent more time abroad than in the US, just assume you have to start over, or start counting from the last entry when time in the US exceeds their time abroad.  If they've spent more time in the US than abroad, just make sure they continue to do that and make sure they have met the physical number of days in the US ideally by the time they apply. It just much easier that way. If you haven't taken a look at the N-400, you have to list every single trip taken during your LPR period. You have to list days you departed/returned and where you went. Start an Excel spreadsheet with the same format as the N-400 for trips abroad and start keeping track of your trips now.

Thanks for your response. They live here in the United States for 7 months and then live out of the country for 5 months each year. They spend more time in US per year than anywhere else. They live with me in US. My plan is to do this for 5 years and then they will be eligible for naturalization. As they continue to live mainly here in US for 5 years without any gaps for more than 6 months and they will fulfill the requirement for 30 months in last 5 years. 

 

I am planning to submit N400 form for them once they will eligible after total of 5 years and 30 months in US without staying out of US more than 6 months. 

[Nevada16 17]

On 7/13/2025 at 2:31 PM, appleblossom said:

When you say they visit you every 6 months, where is that? Are you in the US and they’re not living there (in which case they should NOT apply for citizenship, as it will be obvious they haven’t been genuine LPR’s), or are you outside the US and they only leave it briefly to visit you in another country?

 

They can visit Canada or Mexico, I don’t understand your second question I’m afraid. 

 

 

They live here with me for 7 months per year but in winter they go to visit my elder brother out of US. They have continues 7 months here every year and after 5 months they come back to US.

[Nevada16 17]

On 7/13/2025 at 3:06 PM, OldUser said:

You cannot apply for their naturalization. Your parents apply for naturalization themselves after they meet all requirements, including speaking English, understanding all questions, knowing US civics history etc.

Thanks for your response. Yes, they will apply for themselves and I will help them to fill N400 as they are elderly. 

[appleblossom 4,410]

5 hours ago, Nevada16 said:

They live here with me for 7 months per year but in winter they go to visit my elder brother out of US. They have continues 7 months here every year and after 5 months they come back to US.

I wouldn’t have them apply for citizenship then, too risky. My daughter does a similar pattern but she’s studying abroad and study is an allowed reason for her absences. I’d suggest they cut down their trips outside the US in the 3 years or so before applying. 
 

If they live with you what evidence of residency do they have? Are they filing taxes each year? 

[Crazy Cat 44,438]

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