Naturalization Question for MY Mum

[joks 4]

Good Day All, 

My mom had her green card in 2021 so technically she can apply for citizenship in 2026

On the other hand, she had to travel out of the US in 2023 to assist my sister who gave birth in 2023 and 2025.

In 2023 she was out of the country for 9months and in 2025 was out of the country for 6months. I just realized that her staying away for 9months in 2023 was not an ideal situation.

Can she go ahead and file for citizenship next year or what are her options.

Thank You

 

[Lyubov 122]

Hello,

The USCIS website says an applicant who USCIS determines to have broken the continuity of residence must establish a new period of continuous residence in order to become eligible for naturalization. I wouldn't risk getting denied in this case.

[joks 4]

@Lyubov  ok i see what you mean. How does one or USCIS determine that? Does she need to inform USCIS about this situation?

 

16 minutes ago, Lyubov said:

 

The USCIS website says an applicant who USCIS determines to have broken the continuity of residence must establish a new period of continuous residence in order to become eligible for naturalization.

 

Per this comment, i'll let her know she will not be leaving the US for the next 5years which is also in line with when her GC will expire.

 

[appleblossom 4,816]

8 minutes ago, joks said:

Per this comment, i'll let her know she will not be leaving the US for the next 5years which is also in line with when her GC will expire.

 

 

She can leave, but just not for longer than 6 months. That's what breaks the 'continuous residency' requirement. https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3

 

So if her 2025 trip was over 6 months, then wait 5 years. If it was less than, she should be eligible to apply in 2028.

Edited Wednesday at 04:25 PM by appleblossom

[joks 4]

@appleblossom so lets say she left the country March 20th and would get back Sept 6. That would be 5months and some days or would USCIS count is as 6months?

So when you say she can apply for citizenship in 2028 you're calculating from 2023 when she was out for 9months and had to re-establish continuous residency?

[appleblossom 4,816]

Just now, joks said:

@appleblossom so lets say she left the country March 20th and would get back Sept 6. That would be 5months and some days or would USCIS count is as 6months?

So when you say she can apply for citizenship in 2028 you're calculating from 2023 when she was out for 9months and had to re-establish continuous residency?

 

Yes, exactly. Any absence 6 months or over resets the clock. If her 2025 trip was less than 6 months, she can start counting from whenever she returned in 2023. 

[NorthByNorthwest 460]

6 hours ago, joks said:

@Lyubov  ok i see what you mean. How does one or USCIS determine that? Does she need to inform USCIS about this situation?

 

Per this comment, i'll let her know she will not be leaving the US for the next 5years which is also in line with when her GC will expire.

 

USCIS knows exactly when you've been out of the country and listing all trips is a key part of the naturalization process. It is worth noting that while the base requirements state that an absence longer than 1 year automatically breaks residence, 6 months to one year does the same _unless_ the applicant can provide compelling reasons. Multiple ones shorter than 6 months can also call the residence status into question. Such absences can also jeopardize her LPR status, so while she does not need to worry about a trips of a week or two I would avoid multiple months away.

 

Exact requirements are here: https://www.uscis.gov/citizenship/continuous-residence-and-physical-presence-requirements-for-naturalization