Naturalization Eligibility

[cpatel6928]

Hello,
My parents came to live with me on 06/11/2007. Since then they have taken trips outside USA. I just wanted to make sure that they are eligible to apply for citizenship.

Date became LPR: 06/11/2007 (6 years and 4 months total LPR time)

Trips:
1. Went to canada 07/28/2007 to 08/08/2007 (total 11 days outside USA)
2. Departed 11/12/2008 arrived back 08/16/2009 (Total stay outside USA 277 days, more than six months but less than 1 year) - Trip to India
3. Departed 11/29/2010 arrived back 05/17/2011 (Total stay outside USA 169 days, less than 6 months) - Trip to India
4. Went to Canada 06/28/2012 to 07/10/2012 (Total 12 dats outside USA)
5. Departed 03/21/2013 arrived back 09/07/2013 (Total stay outside USA - 170 days , less than 6 months) - Trip to India.

Out of these 6 years and 4 months I know they broke their continuous residency in 2008 and so their time before that doesn't count, but how much time from their second trip counts towards eligibility ? Since coming back in August 2009, they haven't broken their residency.


Both are 73 years old and not working at all and completely dependent on me. All these years, I have had them on my Tax returns as dependents.

Now, can anyone tell me when they will be eligible to apply for N-400?

Please help me...Thanks a lot for any help in this matter.

C Patel

[cafeconleche]

I'd say late May 2014 would be the best time to apply (a bit fewer than 90 days before 5 years have passed since they came back from the trip over 6 months; trying to apply exactly 90 days before the anniversary presents the risk of being rejected for applying too early due to CIS' miscalculations, which they often make).

[cpatel6928]

???

Does that mean no time of their previous stay or the time they spent outside can be applied to ?
One more thing, when they overstayed more than six months, my Mom had tooth implant procedure performed and she had 16 back teeth implanted which required them to stay for additional 4 months. Does that make any difference?

[cafeconleche]

Well, if they feel they were out for that long for compelling reasons, and that they kept strong ties to the US and didn't break continuous residence, then there's a chance they will be approved if they apply for citizenship now. But, there's a high chance of denial. If they want to fork over the money to apply anyway, then that's fine. But, if there isn't really a hurry for them to apply, then it would be best to wait to guarantee a more favourable outcome.

Do they want citizenship now for any particular reason? Would waiting until mid-2014 cause hardship?

[cpatel6928]

Well, if they feel they were out for that long for compelling reasons, and that they kept strong ties to the US and didn't break continuous residence, then there's a chance they will be approved if they apply for citizenship now. But, there's a high chance of denial. If they want to fork over the money to apply anyway, then that's fine. But, if there isn't really a hurry for them to apply, then it would be best to wait to guarantee a more favourable outcome.

Do they want citizenship now for any particular reason? Would waiting until mid-2014 cause hardship?

"No compelling reason other than a worry for Obamacare. They don't work and it will be very hard for me to be able to afford their insurance cost. I am the only person with income in family of six. Wife can't work due to two school going children and taking care of my parents. I don't know if they have to have insurance but if they do need to get it then it will become very hard for me. That is what worries me."

[cafeconleche]

Ah, so the citizenship would help with Medicare? Cool. I suppose that's a good reason to want it sooner.

So, with that absence, and the fact that they had to stay out for so long for health reasons (they ought to take proof of that - doctor letters, receipts, etc.), and because they are likely over 60 (yes?), they could be approved. It all comes down to whether you can afford to risk the $1360 because they could be denied. It really depends on the officer(s) (because they'll likely get different officers) who interview them. They could be understanding and knowledgeable, or ignorant newbies bent on making the lives of immigrants a little bit more difficult. IF they can wait and their health is ok for now, I'd recommend it.

[cpatel6928]

Ah, so the citizenship would help with Medicare? Cool. I suppose that's a good reason to want it sooner.

So, with that absence, and the fact that they had to stay out for so long for health reasons (they ought to take proof of that - doctor letters, receipts, etc.), and because they are likely over 60 (yes?), they could be approved. It all comes down to whether you can afford to risk the $1360 because they could be denied. It really depends on the officer(s) (because they'll likely get different officers) who interview them. They could be understanding and knowledgeable, or ignorant newbies bent on making the lives of immigrants a little bit more difficult. IF they can wait and their health is ok for now, I'd recommend it.

"Thank you very much for your help. Yes, they are 73 and healthy and I can't take chance of $1380, that was the reason I asked this question. Thanks once again for guidance. I think we should wait till early 2014 to apply as you said. That sounds better choice given all facts and circumstances.