I-90 denied, still have I-551 stamp, currently outside US!

[AlexKissley 3]

Hi, please someone enlightened me. My brother applied for renewal of his green card and USCIS give him temporary stamp for a year so he can travel outside US to take care of my then sick father (he passed away due to cancer) he stayed outside US for 6months. Stayed in US for 2 months, however his application for renewal of green card was still in process. He came back again to philippines to help me because i was about to give birth. He then received a letter that his application was denied because he submit a wrong document for rfe. All this while he is here in the philippines. We then decided not to appeal anymore because it cost $600 plus dollars and just apply for citizenship. He’s residing in US for 10 years. Question is can he apply for citizenship? Will he able to enter US with his I-551 stamp even his application got denied? But will apply for citizenship? Thank you in advance.

[SusieQQQ 11,587]

4 minutes ago, AlexKissley said:

Hi, please someone enlightened me. My brother applied for renewal of his green card and USCIS give him temporary stamp for a year so he can travel outside US to take care of my then sick father (he passed away due to cancer) he stayed outside US for 6months. Stayed in US for 2 months, however his application for renewal of green card was still in process. He came back again to philippines to help me because i was about to give birth. He then received a letter that his application was denied because he submit a wrong document for rfe. All this while he is here in the philippines. We then decided not to appeal anymore because it cost $600 plus dollars and just apply for citizenship. He’s residing in US for 10 years. Question is can he apply for citizenship? Will he able to enter US with his I-551 stamp even his application got denied? But will apply for citizenship? Thank you in advance.

When you say he was outside the US for 6 months, exactly how many days was he out? He may have broken the continuous residence requirement if it was 181 days or longer, which would make him ineligible to apply for naturalization at present. How long has he been back in Philippines since his 2 month trip back in the US?

Edited March 7, 2019 by SusieQQQ

[AlexKissley 3]

17 minutes ago, SusieQQQ said:

When you say he was outside the US for 6 months, exactly how many days was he out? He may have broken the continuous residence requirement if it was 181 days or longer, which would make him ineligible to apply for naturalization at present. How long has he been back in Philippines since his 2 month trip back in the US?

My brother has been residing US since 2008. He just recently went to philippines for 6months to take care of our dad. Then he is in the US for 2 months then come to the philippines again for another 4 months. He will be returning this 27th march. He got a letter that his application for gc is denied due to wrong rfe. But still have temporary stamp (I-551). can he still enter US?

[Hypnos 6,578]

Yes, he can re-enter on the I-551 passport stamp because the I-90 denial isn't tied to it, assuming he has a ten year unrestricted green card. 

 

However, after being outside of the US for 10 of the previous 12 months, he may be asked by CBP to provide proof that he has maintained his LPR status in the US. 

Edited March 7, 2019 by Hypnos

[AlexKissley 3]

Just now, Hypnos said:

Yes, he can re-enter on the I-551 passport stamp because the I-90 denial isn't tied to it, assuming he has a ten year unrestricted green card. 

Yes. Im not sure about unrestricted. But its a ten year green card. Can he apply for citizenship and ask for another I-551 stamp? So he can work?

[SusieQQQ 11,587]

8 minutes ago, AlexKissley said:

My brother has been residing US since 2008. He just recently went to philippines for 6months to take care of our dad. Then he is in the US for 2 months then come to the philippines again for another 4 months. He will be returning this 27th march. He got a letter that his application for gc is denied due to wrong rfe. But still have temporary stamp (I-551). can he still enter US?

I’m going to ask again. When you say 6 months, what was the exact number of days? An absence  of 181 days or more breaks continuous residence. That means that he would have to wait another 5 years (or 3 if married to a usc) after his subsequent re-entry to apply for naturalization (citizenship). This is irrespective of how long he was a green card holder before.  can’t answer your question about whether he can apply for citizenship until you answer this.

[arken 4,197]

19 minutes ago, SusieQQQ said:

I’m going to ask again. When you say 6 months, what was the exact number of days? An absence  of 181 days or more breaks continuous residence. That means that he would have to wait another 5 years (or 3 if married to a usc) after his subsequent re-entry to apply for naturalization (citizenship). This is irrespective of how long he was a green card holder before.  can’t answer your question about whether he can apply for citizenship until you answer this.

If he has maintained residence in the US during his over 6 months of travel and has a good proof of that, his continuous residency isn’t considered to be broken. 

[SusieQQQ 11,587]

3 minutes ago, arken said:

If he has maintained residence in the US during his over 6 months of travel and has a good proof of that, his continuous residency isn’t considered to be broken. 

Yeah the proof is the issue. He clearly hasn’t kept a job there. Maybe his immediate family and unrestricted-access-abode are there. However the law is that residence is presumed to have been broken unless he can prove otherwise (given that he will have been out for 10 months or so in a year one does wonder) so I am going with a question based on what the law presumes rather than on an assumption that he can prove it doesn’t matter. Which could be moot anyway depending on what “6 months” actually was.

[Lil bear 4,323]

Thinking out loud .. dangerous I know ...

1.  Isn’t a requirement of an N400 application that the petitioner must have been resident for the preceding 90 days in the state in which it is bring filed ? He needs to get back into the US first, the meet the recent state residency and the 18 of the previous 36 months in the US requirement and then apply.   2.  The lack of an unexpired GC means he has no evidence of his status not that he has no status. His admissibility will be assesses at POE. He has a valid I551 stamp.. he should return ASAP and see what issues , if any , are raised at  POE 

3. Is a current physical GC required at for the N400 application as you have to attach a copy of front and back........ and at the oath ceremony.. to hand it in ... ????or is a current I90 application document sufficient ?? 

Edited March 7, 2019 by Lil bear

[AlexKissley 3]

6 hours ago, SusieQQQ said:

I’m going to ask again. When you say 6 months, what was the exact number of days? An absence  of 181 days or more breaks continuous residence. That means that he would have to wait another 5 years (or 3 if married to a usc) after his subsequent re-entry to apply for naturalization (citizenship). This is irrespective of how long he was a green card holder before.  can’t answer your question about whether he can apply for citizenship until you answer this.

So i counted the days when he stayed in the Philippines for 6months. It was 162 days. 

Edited March 8, 2019 by AlexKissley

[AlexKissley 3]

5 hours ago, SusieQQQ said:

Yeah the proof is the issue. He clearly hasn’t kept a job there. Maybe his immediate family and unrestricted-access-abode are there. However the law is that residence is presumed to have been broken unless he can prove otherwise (given that he will have been out for 10 months or so in a year one does wonder) so I am going with a question based on what the law presumes rather than on an assumption that he can prove it doesn’t matter. Which could be moot anyway depending on what “6 months” actually was.

He is 19. My mom just claimed her to her tax. He worked briefly when he was there for 2 months. Then went back to Philippines to help me. 

[AlexKissley 3]

4 hours ago, Lil bear said:

Thinking out loud .. dangerous I know ...

1.  Isn’t a requirement of an N400 application that the petitioner must have been resident for the preceding 90 days in the state in which it is bring filed ? He needs to get back into the US first, the meet the recent state residency and the 18 of the previous 36 months in the US requirement and then apply.   2.  The lack of an unexpired GC means he has no evidence of his status not that he has no status. His admissibility will be assesses at POE. He has a valid I551 stamp.. he should return ASAP and see what issues , if any , are raised at  POE 

3. Is a current physical GC required at for the N400 application as you have to attach a copy of front and back........ and at the oath ceremony.. to hand it in ... ????or is a current I90 application document sufficient ?? 

1) I didnt know this. Omg. So what can he do if he cant apply for citizenship? Can he apply to renew his gc again? 

2) this is what my question is. If he could return without being question at the POE. 

 

[Lil bear 4,323]

36 minutes ago, AlexKissley said:

1) I didnt know this. Omg. So what can he do if he cant apply for citizenship? Can he apply to renew his gc again? 

2) this is what my question is. If he could return without being question at the POE. 

 

As others have said, his time out of the US will be assessed at POE. If he has a current I551 stamp in his passport he will use this to renter the US. The CBP Officer does not have the authority to cancel his LPR status, but if the CBP Officer determines that he has failed to maintain his residency due to his absences out of the country , he will initiate the process for the case to be heard before an immigration judge   

An absence of 6 months or less, in a single trip, is usually not a trigger for this ... an absence of 12 months or more in a single trip will usually trigger this ... absences between 6 and 12 months, particularly multiple absences , would raise the question ... 

 

He can’t just apply for citizenship right now as he hadn’t been resident within the US fir the past 90 days. He needs to reapply for the renewed GC as soon as possible. He should use the US residential address if he considers it his  home and his trips to the Phillipines and temporary abscences. He can send documentation from wherever in the world he is, if he has it with him. If he wants to continue with living in the US he needs to return to the US... 

Edited March 8, 2019 by Lil bear

[AlexKissley 3]

40 minutes ago, Lil bear said:

As others have said, his time out of the US will be assessed at POE. If he has a current I551 stamp in his passport he will use this to renter the US. The CBP Officer does not have the authority to cancel his LPR status, but if the CBP Officer determines that he has failed to maintain his residency due to his absences out of the country , he will initiate the process for the case to be heard before an immigration judge   

An absence of 6 months or less, in a single trip, is usually not a trigger for this ... an absence of 12 months or more in a single trip will usually trigger this ... absences between 6 and 12 months, particularly multiple absences , would raise the question ... 

 

He can’t just apply for citizenship right now as he hadn’t been resident within the US fir the past 90 days. He needs to reapply for the renewed GC as soon as possible. He should use the US residential address if he considers it his  home and his trips to the Phillipines and temporary abscences. He can send documentation from wherever in the world he is, if he has it with him. If he wants to continue with living in the US he needs to return to the US... 

Thank you for your reply and your time. This is really helpful. One more thing, can he reapply for gc even though it got denied just because of an RFE? 

 

Another story for his green card: he actually applied then got approved. Got his gc card but his first name on his card is wrong. They put his first name twice. So he renewed it again, then he got denied because we only sent a photocopy of the green card since we did it online. He still have the new actual green card but his name is wrong. He is still have a 10 year green card but with two first name. His first name is Karl Lawrence but in the card it says Karl Lawrence Lawrence. So he applied to get it corrected, then it was denied. 

Edited March 8, 2019 by AlexKissley

[Lil bear 4,323]

6 minutes ago, AlexKissley said:

Thank you for your reply and your time. This is really helpful. One more thing, can he reapply for gc even though it got denied just because of an RFE? 

 

Another story for his green card: he actually applied then got approved. Got his gc card but his first name on his card is wrong. They put his first name twice. So he renewed it again, then he got denied because we only sent a photocopy of the green card since we did it online. He still have the new actual green card but his name is wrong. 

Your situation is getting too many twists any turns for me !!!

 

You need to understand that, as stated before, the Green Card is only evidence of his LPR status ...

so as long as he is not deemed to have abandoned his residency by remaining out of the US, he is eligible ... and needs to... hold a valid GC as evidence of his status 

 

He needs to get back to the US first