My husband is a UKC and has held a GC since 2008. We relocated to the UK in May 2024 to renovate our house. Our US residence was a rental which ended up pricing us out of ability to remain there, so we left. Sadly, Husband did NOT go for naturalisation or citizenship before we left. He went to the USA to see family over the holidays, but that was 7 months after we left the USA.

Now, we have an opportunity for him to move back to the USA for a number of months to live in the house with my parents (elderly needing live in care)

I am a USC with PR status in the UK, currently employed in the UK. I intend to stay long enough to finally attain my own UKC (three years from entry this time?) so I cannot go back to the USA at this time or it affects my own UK status.

We have been reading through UKCIS and it appears that since he was out of the USA without a house/rental/job in the USA for more than six months, he would have to stay either three months or four years six months to qualify now for naturalisation or citizenship. Can anyone recommend an immigration lawyer who may be able to help us figure out the best options?

We are now kicking ourselves we didn't sort this out BEFORE relocating back to the UK.

I don’t think you need a lawyer. There is a good calculator you can use on the USCIS website (https://www.uscis.gov/naturalization-eligibility), but it sounds like he’ll still be eligible as long as he doesn’t stay outside the US for long enough to reset his continuous residence clock. Did he get his GC through you?

Make sure he files his tax return for last year too!

Yes, he got his GC through me, we've been married 30 years, and moved to the USA in 2008, but recently relocated back to the UK for various reasons. His current GC expires in 2028. It's less the GC expiry but the continuous residence in the USA required for getting citizenship we are concerned with, as he was NOT living in the USA (not maintaining a residence) since May 2024. we have been filing tax returns and are in the process of filing for 2024 right at the moment. We still have bank account, investments, cell phones, and have a USA mailing address, but have been legally resident in the UK since May 2024 as well.

So, the main question is not about the GC but more about how long he will need to go back to reside in the USA before applying for citizenship, as I will remain resident in the UK until I can get my own UK citizenship in May 2028.

delete.....Noticed that you re-entered as returning resident.

I would do 3 things if I were you, 1) ur husband returns to the USA asap 2) speak to an immigration attorney 3) find a very good reason (with supporting evidence) as to why your husband had no choice but to stay out of the USA an unintentionally extended period.

From my days in practice, I can say that the law on abandonment of LPR status can be somewhat fuzzy and also quite fact dependent (a variation of “YMMV” rubric). If one choses to consult with an attorney, it is a good idea to find an attorney who has actually tried at least one contested abandonment case. They may not be all that easy to find.

Sounds like would still be eligible if he headed back now, and could apply as soon as he’s been resident for 3 months in the district he’s applying in - but check that on the USCIS website and the link. He will need to get back quickly so he doesn’t reset the continuous residence clock though.

Thanks to everyone for your replies! We are working on game plan.