Vic1

Yea, after reading what you and OldUser said, and researching more, I think we're going to roll the dice and apply. And its what my father wants to do, he says while he still has the mental capacity to do so (he has health issues that are starting to affect cognition) And one lawyer says we should try . He is eligible with the grey area of continuous residence and proving continuous residency. Because they are vague on what counts as satisfactory evidence like Olduser has said, it can go either way- just depends on how well you argue or present your case. My mother is a US citizen for over 20 yrs, so my father could use the 3 yr marriage rule where his trips have lasted less than 6 months each of those years, however even though they've been married 46 yrs, in the last three years they have moved in with me due to health issues, and therefore have no joint bills, no joint accounts or joint lease, or joint taxes etc that are required for marriage based citizenship so between the two we think maybe 5 year provision would be "easier" Anyway, I appreciate the responses and will update here on the outcome.

Yes these were all Immigration lawyers. I have not been able to find an immigration lawyer that has actual experience of representing such a case where continuous residence was in question and who has experience gathering and presenting evidence to rebutt the presumption of abandonment based on travel history.

Because none of the attorneys Ive consulted have ever dealt with such a case, so its also speculation and trying to make reasonable guesses on their part if we have enough evidence. Also, as alluded in my response to Oldman, it took me bringing up specific sections in the policy manual to the attorney for them to say we can apply. So asking here in case anyone knows of similar cases where an applicant was successfull and what evidence they used.

Yes, a lease was kept during the trips that were longer than 6 months, including utility bill, and bank account matching the lease address. The other trips, even though less than 6 months. Immediate family ( US citizen spouse, adult kids) who remained in country during those trips. Those are listed as potential evidence. What interesting to me is Im finding out that attorneys are a dime a dozen. Having to consult some and me having to be the one to point out the rules as listed in the policy manual, instead of the attorneys advising me of these rules. 4 different ones and Im finding out this is one section of eligibility that many have little experience with. That said, we dont mind losing filing fees, if that's truly all we'll lose if denied. (E.g threat to losing LPR status if denied)

It automatically flags that as not eligible, but that tool does not take into consideration ability to rebut the presumption with evidence. The things that are considered evidence is vague. Since parent is retired has no W2 or tax transcripts, has same active bank account throughout, and a residence with active mail received at residence. Have had two attorneys say we have good evidence, and two others who seemed clueless about this particular requirement for continuous residence.

Similar position, though parent has been LPR over 40 yrs, but with recent travel every year for the past 5 years, with 2 of those trips last more than 6 months, less than a year.