n-400 continuous residence question

[bassam_magdy]

Hello all,
I am new to this Forum. I have a question about Continous residency requirement for Naturalization. I am trying to fill N-400 for my dad.
He came to the US and became a permanent resident as of 06/28/2005. He traveled out of the US on 07/26/2005 and came back 01/24/2006, does that break the continuous residency rule?

I am not sure what is the definition of 6 month.. is it 180 days? or is by calendar days?

Thanks a lot for your help
Bassam

[bassam_magdy]

continuous residency not broken

Hi all,
I have asked an immigration lawyer and just wanted to post the response here.. just in case someone had the same question..

"the statute speaks to six MONTHS not 180 days. Technically a 6 month period can take up 182 or even 183 days! Note that 6 months out of the country just raises a PRESUMPTION of abandonment of residence, not per se. So he can rebut abandonment with proof that lawful permanent residence (the green card and ties to the US) were maintained: like bank accounts, etc. "

[shakii]

I am in a same situation..

My days outside the us is 181 day but if you look at the month i left may 28 and came back aug 26 which is 2 days less in 6 months.

What was the result of your father's citizenship interview ?

THanks

[BigJoe5]

If dad files on or after 1/26/2010, it doesn't matter because the remedy at 8 CFR 316.5(c)(1)(ii) applies.

He has met the required 4 yrs and 1 day since returning so it is not an issue anymore.