N400 - Outside the US for 1.5 years

[zham 12]

I wanted to get your thoughts on my mom’s situation regarding U.S. citizenship eligibility.

• July 19, Green card approved: met both the physical presence and continuous residence requirements. No employement.

• From January 2020 until September 2021, she remained overseas due to COVID and travel restrictions. At that time there was significant uncertainty regarding travel and health, so she decided to stay abroad.

• Since September 2021: She has consistently met the requirements of being in the U.S. at least monthly and has not been outside the country for more than 6 months at a time. From September 2021 through today, she has accumulated approximately 1,141 days in the U.S., with no single absence longer than 6 months. Since September 2021, she found a job and been paying taxes. 

Given these circumstances:

1. Is she eligible to apply for U.S. citizenship now?

2. How badly will the 1.5-year gap overseas affect her application, considering the reason was COVID-related travel and health concerns?

I’d appreciate your guidance on how USCIS might view this and the best timing/strategy for her application.

[OldUser 10,517]

She can file under 5 year rule.

There's 4 year and 1 day exception.

Meaning after 4 years and 1 day after she returned from long trip, she could try naturalizing:

 

"An applicant applying for naturalization under INA 316, which requires 5 years of continuous residence, must then wait at least 4 years and 1 day after returning to the United States (whenever 364 days or less of the absence remains within the statutory period), to have the requisite continuous residence to apply for naturalization.[21] The statutory period preceding the filing of the application is calculated from the date of filing."

 

Source:

 

https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3

Edited 2 hours ago by OldUser

[OldUser 10,517]

5 minutes ago, zham said:

She has consistently met the requirements of being in the U.S. at least monthly

There's no such requirement. The requirement is residing in the US. 

[OldUser 10,517]

6 minutes ago, zham said:

How badly will the 1.5-year gap overseas affect her application, considering the reason was COVID-related travel and health concerns?

 

 

At USCIS nobody cares about circumstances and reasons, they need her to meet the criteria to be approved. She'll meet this criteria 4 years and 1 day after returning to the US after long trip.