N-400 and abandonment proceedings risk

[abandon 0]

Hello everyone!

 

I got my greencard through the Diversity Lottery in 2014, flew to the US in May 2014, stayed a week and flew back to my "home" country. Then flew to the US again in October 2014 for two weeks, and again for 2 weeks in June 2015. I moved to the US for good in November 2015 after my company finally approved my move (I was working for a US company in my "home" country and moved to the HQ).

From November 2015 until now I have been out of the country only a few weeks so I have the physical presence covered. And for the continuity of residence, I should have that covered as well, since I reached the 4 years and six months since my last 6+ trip abroad date.

I filed my taxes as resident for 2014, 2015, 2016, 2017, 2018, 2019 but I can't show that I maintained a residence in the US between May 2015 and November 2015. 

 

My question is, if I apply for citizenship now what is the risk that they will look at my longer trips back in 2014 and 2015 and conclude that I have abandoned my LPR status? Should I simply wait to apply until November 2020 to be safe?

 

Thank you!

 

[Zaidba 39]

I was in a similar situation and consulted several lawyers and finally decided to wait until I completed five years from the date of my entry to the US after the long absence. One of the lawyers said that I can apply 3 months before completion of the fifth year, but then the question in the application related to that last entry also asks you the date you left the US. Here you will list a date that shows your long trip. I read a similar situation in this forum and the applicant was denied. The lawyer suggested to wait these three months and apply after the fifth year from last entry. This means that you apply next November, one day after the date of your entry.

[retheem 564]

On ‎7‎/‎25‎/‎2020 at 6:50 PM, abandon said:

Hello everyone!

 

I got my greencard through the Diversity Lottery in 2014, flew to the US in May 2014, stayed a week and flew back to my "home" country. Then flew to the US again in October 2014 for two weeks, and again for 2 weeks in June 2015. I moved to the US for good in November 2015 after my company finally approved my move (I was working for a US company in my "home" country and moved to the HQ).

From November 2015 until now I have been out of the country only a few weeks so I have the physical presence covered. And for the continuity of residence, I should have that covered as well, since I reached the 4 years and six months since my last 6+ trip abroad date.

I filed my taxes as resident for 2014, 2015, 2016, 2017, 2018, 2019 but I can't show that I maintained a residence in the US between May 2015 and November 2015. 

 

My question is, if I apply for citizenship now what is the risk that they will look at my longer trips back in 2014 and 2015 and conclude that I have abandoned my LPR status? Should I simply wait to apply until November 2020 to be safe?

 

Thank you!

 

To be safe, just wait until November to be safe. It's only 4 months away.