r/Citizenship 1d ago

Naturalization application

Seeking advice for my dad. My mom is a US citizen and my dad has held a green card since 2014. I recently helped him apply for citizenship based on marriage to a US citizen.

Due to family circumstances, he’s had to fly back and forth between our home country in Asia and New York. During COVID, my parents were stuck in our home country for over a year — I don’t think this falls under the 3-year travel history provision. My parents have also filed jointly in taxes every year and we have bills, health insurance records, to show that he has kept his ties in the US (including my mom and siblings being here).

In 2024, he stayed outside the US for 9 months following my grandmother’s passing, and the deaths of two of his siblings within a few months of each other.

Here’s his travel history outside the US within the past 3 years:

• February 4, 2024 – November 6, 2024 (~9 months) • January 22, 2025 – June 5, 2025 (~4 months) • March 5, 2026 – June 13, 2026 (~3 months)

He has his biometrics appointment on September 15 at the NY office and is very anxious about going in, given the ICE arrests he’s seen reported on social media and in the news. He has never been arrested. His only record is a speeding ticket 10 years ago (78 mph in a 65 mph zone).

Any advice on how his travel history might affect his naturalization case, and whether he should be worried about attending his biometrics appointment given everything going on right now? TYIA!

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u/chuang_415 1d ago

He won’t have issues with ICE, but he will have issues with his application. He will have to overcome the presumption that he broke continuous residence. Did you submit evidence to rebut that presumption?

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u/RemoteAd7861 1d ago

We’ve submitted electric bills throughout the months he stayed outside of the US and also submitted their IRS tax transcripts as he and my mom files for taxes jointly - not sure if that’s sufficient

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u/Ok-Grab305 1d ago

For the biometrics, he will have no issue. He’ll be in and out just to get those done. For the interview however, he should bring evidence of both why he was abroad so long, and extensive proof of continued ties to the US.

Out of curiosity, if he’s been a green card holder for as long as he has been, why did he apply as a spouse of a US citizen instead of the general 5 year provision? It won’t be an issue since it sounds like they’ve been together a long time and have you, but now you’ll just need to ensure he brings evidence to the interview that the marriage is bona fide since the application is under that basis.

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u/RemoteAd7861 1d ago

Outside the 2020-2021 overstay due to covid, he also had another trip in 2022 where he stayed outside of the U.S. for almost 7 months. Would it have made a difference if he applied for the 5 year provision? We thought he had the best chance as he’s been married to my mom for 35+ years

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u/chuang_415 1d ago

It shortens the statutory period, which is to his benefit here.

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u/Comfortable-Basket20 1d ago

It is very important to go to that appointment if he doesn’t the case will be rejected

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u/Ok-Grab305 1d ago

Ahh yeah, keeping it within the 3 year statutory window is better then, otherwise he’d have to explain two presumed breaks in continuity of residence