My mother has had her green card for 5 years. She wants to apply for Citizenship. She has stayed for more than 37 months total in the US during the last five years. However, one of her trip outside the US was for 182 days in 2012 and another trip was for 174 days in 2013.
Will she be denied for the 182 day trip?
She is a widow and fully dependent on me. I file her as a dependent on my taxes and she does not file taxes as she has no income. I paid for her private health insurance during the time she was out of the country.
Please advice if we should wait another 2 years prior to filing so as not to show the 182 days on N-400.
The trips outside the US may or may not be an issue, you will need to consult with an immigration attorney to find out the best way to proceed.
She should not be denied for the 182 days stay outside the US, however she should be prepared to provide a valid reason for the stay away from the US, also she may be required to show that she had no intention of giving up her US residence
Answers to questions are for general purposes only and do not establish an attorney-client relationship, Each matter is unique and the specific answer is dependant on the facts, jurisdiction and many other factors. You should consult an attorney for specific advice on your matter.
Any time outside the US for over 180 days raises a "rebuttable" presumption that one has "abandoned" their permanent resident status. However, as long as your mother can demonstrate that she always intended to return to live in the US, there is no reason for her to delay filing for naturalization.
Mr. Shusterman's (former INS Trial Attorney, 1976-82) response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
Any trip outside the US for more than six months breaks continuous presence. Your mother broke continuous presence by staying out of the US more than six months and started over accruing continuous presence when she reentered after her 182 day trip. The 174 day trip did not break continuous presence.
These responses are general and could vary depending on individual facts. As always, it is best to seek the advice of an attorney when pursuing any immigration benefit.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline