Hi.
My relative is over 75 years old, and not meeting "Continuous Residence/Physical Presence" at the time of N-400 application (2016).
He would be able to fulfill "Continuous Residence/Physical Presence", if applied in 2014.
Here is the story:
My relative is widowed and living alone.
He was given Permanent Residency on Jan 12, 2010.
He lived in USA for 28 months by Nov., 2014. We prepared an application for N-400 for him to submit at that time (<3 months before 5 years since permanent residency).
He decided to go to his home in war torn East of Ukraine in Nov 2014, since he was worried for looting, etc of his only asset in life - his house in Ukraine. This was after conflict has stabilized and his house is about 100 miles from fighting line.
General idea was - to sell his house in Ukraine to sustain financial side of living in USA.
The prices on his house went down from $68k to $28k between 2013 and end of 2014, and he was frustrated selling it since end of 2014, and has not find a seller by now.
We submitted his N-400 in Jan 2016, but he was mostly out of USA in 2015, but in periods less than 1 year.
Bottom line: in his interview in mid-Sept 2016, the officer said he does not meet "Continuous Residence/Physical Presence". My relative was out of USA in Ukraine selling his house and not able to sustain his living in USA without the proceeds from the sale of his house. But the officer did not reject his application and did the Language, history and government test. The relative failed the test, and the officer scheduled new interview in mid-December 2016 (basing it on failure of the test), saying that another office will likely reject this application, but in the meantime we can seek legal counsel.
My relative wants to be close to grandchildren and the family in USA. He's electrical engineer in the past, but have little chances to find a job in USA due to his age.
We know about proposed Senior Citizenship Act of 2013, and would it help in this case if enacted into law?
What are options for my relative?
Thanks

