outside US long periods with ROC pending

[Moe428 129]

37 minutes ago, Mike E said:

In absence of a re-entry permit, the more iterations of “visit every 5 months cycle” the greater the likelihood of CBP processing the LPR as an arriving alien.  
 

Statistically I think you are correct that most skate by without repercussions. 
 

Ethically I won’t bless a tactic that  could lead to a notice to appear or provoke CBP into (illegally) coercing an LPR into signing I-407 or illegally detaining an LPR processed as an arriving alien for alleged abandonment of status. 
 

OP has legal and practical path ways to preserve LPR status without drama.   

I think the 5 month cycle twice should not be much of an issue.  It's the totality of circumstances that matter, and doing it twice isn't long enough to matter IMO.

[Moe428 129]

46 minutes ago, marcolan said:

So I talked to a lawyer today, And its scary coz not even the lawyer know what to say lol other than “if u case be denied while u overseas u not gonna be allowed back in the country”

 

well, I decided 1-  go to the US and apply for a reentry permit, Im gonna wait like 60 days and go, I dont know if a reentry permit can really help me , but I think its worth trying.

 

2- or I will just go back ( for good ) before the 6 month mark

 

its really overwhelming and not gonna be good for my health but unfortunately I think thats what I need to do since I want my future in the US 😕

The lawyer is scaremongering (likely to earn $), but doing 1 and especially 2 will be helpful in even avoiding RFEs.