Possible N-400 Application denial from multiple overseas trips

[IAmKhaye 3]

Hello everyone, I truly appreciate any advice or inputs that you may have regarding my case. Here’s my timeline.

 

GC Received: July 2013

 

Traveled Overseas: Jul 4, 2016 – Aug 10, 2017 (403 days)

 

Came back to the US: Aug 11, 2017 – Aug 17, 2017 (7days)

*Filed an I-193 at the port of entry and granted entry as an LPR by the IO. I was not able to show a re-entry permit as I did not expect to be gone that long. Showed to the IO evidence about my ties in the US (tax returns, bank statements, physical address and mailing address)

 

Traveled Overseas:  

-        Aug 17, 2017 – Feb 06, 2018 (173 days)

-        Jul 04, 2018 – Sep 08, 2018 (66 days)

-        Nov 06, 2019 – Dec 24, 2019 (48 days)

-        Jan 11, 2020 – Feb 12, 2020 (32 days)

 

*All of these travels were work and medical related.

 

I never traveled overseas since Feb 12, 2020 until present. I will be applying for naturalization based on the 3-year rule next month (Feb 2023). My concern now is when USCIS will review my entire immigration file. They might consider abandonment of LPR status (Jul 2016-Aug 2017 Trip) and possibly be placed for removal proceedings, even if I successfully achieved my required statutory period preceding the naturalization process.

 

Is it wise to apply for naturalization and take my chances? or be a LPR forever? What are my chances of being denied but still keep my LPR status? Or risk of being removed or deported?

Edited January 25, 2023 by k.hyde028@gmail.c

[OldUser 6,590]

I know you said you didn't show it, but did you have a reentry permit?

Edited January 25, 2023 by OldUser

[ImmigrantKrish 75]

Just today I had my interview and the officer asked "Did you ever had any trip that lasted more than 180 outside of US since you became LPR". I said no.

[IAmKhaye 3]

27 minutes ago, OldUser said:

I know you said you didn't show it, but did you have a reentry permit?

I did not have a re-entry permit. I did not plan to be out that long so I did not apply for one. Initial duration of overseas trip was 4 mos. 

[OldUser 6,590]

18 minutes ago, k.hyde028@gmail.c said:

I did not have a re-entry permit. I did not plan to be out that long so I did not apply for one. Initial duration of overseas trip was 4 mos. 

But you were admitted as LPR and wasn't put in removal proceedings.

 

My suggestion (not a legal advice) is to file based on 5 year rule sometime later this year (say April 2023, more than 5 years since you came back in February 2018).

 

You will give travel history within last 5 years which would not include that long trip, because you will be covering April 2018 - April 2023 period in your travel dates.

 

You should be OK but may want to consult with a lawyer first.

 

If USCIS asks about anything prior to that and accuse you of abandoning LPR, you can show the same proof of ties you showed to CBP after that long trip. Of course if they ask about any trips over 180 days ever since you became a LPR, you need to answer that truthfully.

 

Perhaps @Mike E, @Family or @Crazy Cat can comment on your issue.

 

Edited January 25, 2023 by OldUser

[Family 3,988]

You are fine to file under 3;year if still happily married. Otherwise wait til April as @Old User recommended. Either way no issues about abandonment will arise because they are OUTSIDE statutory period and NO RISK of denial or taking away your LPR status.

[IAmKhaye 3]

3 minutes ago, OldUser said:

But you were admitted as LPR and wasn't put in removal proceedings.

 

My suggestion (not a legal advice) is to file based on 5 year rule sometime later this year (say April 2023, more than 5 years since you came back in February 2018).

 

You will give travel history within last 5 years which would not include that long trip, because you will be covering April 2018 - April 2023 period in your travel dates.

 

You should be OK but may want to consult with a lawyer first.

 

If USCIS asks about anything prior to that and accuse you of abandoning LPR, you can show the same proof of ties you showed to CBP after that long trip.

 

So, it's fine to apply under the 5-year rule even though my GC was granted through marriage with a US citizen?

 

If USCIS denies my n-400 application because of abandonment of LPR status from previous trips, is there a high chance that my GC will be revoked?

[OldUser 6,590]

1 minute ago, k.hyde028@gmail.c said:

So, it's fine to apply under the 5-year rule even though my GC was granted through marriage with a US citizen?

Yes, and you should apply under 5 year rule, because it's a much easier path. You will have to provide much less evidence and more USCIS immigration officers are familiar with it.

[OldUser 6,590]

3 minutes ago, k.hyde028@gmail.c said:

If USCIS denies my n-400 application because of abandonment of LPR status from previous trips, is there a high chance that my GC will be revoked?

Statutory period as mentioned by @Family. It would not be legal for them to deny you.

[Family 3,988]

5 minutes ago, k.hyde028@gmail.c said:

USCIS denies my n-400 application because of abandonment of LPR status from previous trips, is there a high chance that my GC will be revoked?

First they cannot look outside the period of 3 or 5/year . Second they cannot “revoke” your LPR so zero chance of that.

[IAmKhaye 3]

15 minutes ago, Family said:

You are fine to file under 3;year if still happily married. Otherwise wait til April as @Old User recommended. Either way no issues about abandonment will arise because they are OUTSIDE statutory period and NO RISK of denial or taking away your LPR status.

The original plan is applying for the 3-year rule. But now, I am considering @OldUser's recommendation. 

[Mike E 11,739]

21 minutes ago, Family said:

You are fine to file under 3;year if still happily married.

We are less than 2  weeks from February 7.  The juice (file a few days sooner)  is  not worth the squeeze (hassle of 3 year evidence).   5 year basis is a no brainer.  
 

21 minutes ago, Family said:

 . Either way no issues about abandonment will arise because they are OUTSIDE statutory period and NO RISK of denial or taking away your LPR status.

Agreed. 

 

36 minutes ago, OldUser said:

 

Perhaps @Mike E, @Family or @Crazy Cat can comment on your issue.

 

I agree with filing on February 7. 

[IAmKhaye 3]

15 minutes ago, OldUser said:

Statutory period as mentioned by @Family. It would not be legal for them to deny you.

Considering @ImmigrantKrish's question by the IO during the interview, it seems that USCIS do look into the entire LPR's overseas trips.

 

[IAmKhaye 3]

30 minutes ago, Family said:

First they cannot look outside the period of 3 or 5/year . Second they cannot “revoke” your LPR so zero chance of that.

This gives me relief. Thank you!

 

I agree. Why even place the required 3/5-year rule if they are not going to adhere to it. 

[Mike E 11,739]

13 minutes ago, k.hyde028@gmail.c said:

Considering @ImmigrantKrish's question by the IO during the interview, it seems that USCIS do look into the entire LPR's overseas trips.

 

ISOs can ask pretty much whatever they want.  Had @ImmigrantKrish answered “yes”   the next question might have been, “in the past 5 years”?

 

*  If the answer was “yes” well bad stuff happens.  
 

* If the answer was “no”, the ISO might have delayed approval to verify that CBP admitted Krish as a returning resident, versus  letting an NTA drop on the floor. 
 

Even if you are concerned about the question, one applicant’s question is not a guarantee others will get the same question. For example, I had over  500 days of absence in the statutory 5 year period.  The question asked of Krish (a LPR for 9 years) wasn’t asked of me (an LPR for 32 years).  
 

As a famous immigrant once said (who I am sure had  more days of absence than you): you miss 100 percent of the shots you don’t take.  
 

The longer you pine over this decision the more likely something will happen that makes it harder to naturalize.