staying 6 months outside because of covid and Citizenship ...

[waterwh]

hi
my question is if someone has been a permanent resident for 3 years
and now he stays more than 6 months outside the U.S because of the coronavirus
can he apply for citizenship after 2 years ..??? or after another 5 years from his next entrance to The U.S (or maybe the 4years and 1 day rule) .

[newacct]

An absence of between 6 months and 1 year is presumed to interrupt continuous residence, but this presumption can be overcome with strong evidence of ties. In this case, there is a good chance that he is able to overcome the presumption that continuous residence is interrupted. In the case they say he can't overcome the presumption, he has to wait 4 years and 6 months after coming back.

[ronmony]

I agree all above except last sentence," he has to wait 4 years and 1 day after coming back."

[waterwh]

how can he know if it has been interrupted or not ?

[ronmony]

I believe more than 1 year will interrupt residency for sure, and 4 years and 1 day will be option, but between 6 and 12 month, depends to evidence and the opinion of immigrant officer which is differ one by one. (If he had evidence of paying a rental place or car insurance or car registration,or any bill of utility, any remote job, can help to overcome the presumption )



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This is my personal opinion and is not to be construed as legal advice.